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Terms of Uses


User Agreement

These terms of use (Terms) constitute a legally binding agreement between you and the company regarding your use of the web site i.e.  (“Nears”) and it’s mobile applications offered by the company including but not limited to delivery of content via the Site, any mobile or internet connected device or otherwise (the "the Service"). By accessing the site or service and/or by clicking "I agree", you agree to be bound by these terms. “User” or “You” means any person who access or avail this site of the company for the purpose of hosting, publishing, sharing, transacting, displaying or uploading information or views and includes other persons jointly participating in using the site of the company. You hereby represent and warrant to the company that you are at least eighteen (18) years of age or above and are capable of entering, performing and adhering to these Terms and that you agree to be bound by the following terms and conditions. While individuals under the age of 18 may utilize Nears services, they shall do so only with the involvement & guidance of their parents and / or legal guardians, under such Parent / Legal guardian’s registered account. You agree to register prior to uploading any content and / or comment and any other use or services of this site and provide your details including but not limited to complete name, age, email address, residential address, contact number.

Nears may add to or change or update these Terms of Uses, from time to time entirely at its own discretion. You are responsible for checking these Terms of Use periodically to remain in compliance with these terms. Your use of a site after any amendment to the Terms of Use shall constitute your acceptance of these terms and you also agree to be bound by any such changes/revisions.

If you have any questions or comments about this Terms of Use, please contact us at contact@nears.in.


Changes

PR Gods Pvt Ltd reserves the right to suspend / cancel, or discontinue any or all channels, products or service at any time without notice, make modifications and alterations in any or all of the content, products and services contained on the site without prior notice.


Charges

PR Gods Pvt Ltd reserves the right to charge subscription and / or membership fees from a user, by giving reasonable prior notice, in respect of any product, service or any other aspect of this site.


Copyright and Trademarks

Unless otherwise stated, copyright and all intellectual property rights in all material presented on the site and mobile apps (including but not limited to text, audio, video or graphical images), trademarks and logos appearing on this site are the property of PR Gods Pvt Ltd, its parent, affiliates and associates and are protected under applicable Indian laws. You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of PR Gods Pvt Ltd; or remove, conceal or obliterate any copyright or other proprietary notice or any credit-line or date-line on other mark or source identifier included on the site / service, including without limitation, the size, color, location or style of all proprietary marks. Any infringement shall be vigorously defended and pursued to the fullest extent permitted by law.


Limited Permission to Copy

PR Gods Pvt Ltd grants you permission to only access and make personal use of the site and you agree not to, directly or indirectly download or modify / alter / change / amend / vary / transform / revise / translate / copy / publish / distribute or otherwise disseminate any content on PR Gods Pvt Ltd site / service, or any portion of it; or delete or fail to display any promotional taglines included in the site / service either directly or indirectly, except with the express consent of PR Gods Pvt Ltd. However, you may print or download extracts from these pages for your personal / individual, non-commercial use only. You must not retain any copies of these pages saved to disk or to any other storage medium except for the purposes of using the same for subsequent viewing purposes or to print extracts for personal / individual use.

PR Gods Pvt Ltd forbids you from any attempts to resell or put to commercial use any part of the site; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of any other merchant; any renting, leasing, or otherwise transferring rights to the site / service; displaying the name, logo, trademark or other identifier of another person (except you) in such a manner as to give the viewer the impression that such other person is a publisher or distributor of the service on the site, or any data gathering or extraction tools; or any use of meta tags. You may not (whether directly or through the use of any software program) create a database in electronic or structured manual form by regularly or systematically downloading and storing all or any part of the pages from this site. No part of the Site may be reproduced or transmitted to or stored in any other web site, nor may any of its pages or part thereof be disseminated in any electronic or non-electronic form, nor included in any public or private electronic retrieval system or service without prior written permission.


Sharing of Personal Information

Nears is designed to help you find the best of restaurants, gyms, spa and salons, nightlife, events and movies around you and your city. In order to do this, Nears requires the use of such information including, but not limited to, your email, password and or other information that was used while Signing Up with the services. Nears offers Sign Up process with our own sign up system and other platforms such as Facebook and Google+.

Nears uses Facebook Connect and Google+ platforms as a medium for signing up only. The user data collected by Nears shall only be through the above mediums which will be provided by the intended user through their Facebook or Google+ profile, no other data shall be collected/used by Nears apart from those that was permitted during Sign Up process.

However, kindly note that the manner in which Facebook and Google+ uses, stores and discloses your information is governed solely by its policies, and PR Gods Pvt Ltd/Nears bears no liabilities/responsibility for its privacy practices and/or other actions of any third-party site or service that may be enabled within the service.

For certain services such as email, personal web pages, contests and shopping, signing up by the visitor is required. To sign up for these services you have to open an account by completing the signing up process (i.e. by providing us with current, complete and accurate information as prompted by the applicable registration form). You also will choose a password. You are entirely responsible for maintaining the confidentiality of your password and account. By Signing Up, you agree to the following terms in addition to any other specific terms which shall be posted at an appropriate location of the Site. Each sign up is for a single individual user only. To access these services, you will be asked to enter your individual Email Address and Password, as chosen by you during your signing up. Therefore, we do not permit any of the following:-

Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Nears immediately of any unauthorized use of your account or any other breach of security. Nears will not be liable for any loss that you may incur as a result of someone else using your password or account. However, you could be held liable for losses incurred by PR Gods Pvt Ltd/Nears or another party due to someone else using your account or password.


Use of Profile Data

We may use the personal information to provide the services you request. However, to the extent we use your personal information to market to you, we will also provide you the ability to opt-out of such uses. The personal information shall be used by us to resolve disputes; troubleshoot problems; help/promote a safe service; measure consumer interest in our products and services, inform you about online and offline offers, products, services, and updates; customize your experience; detect and protect us against error, fraud and other criminal activity; enforce our terms and conditions; and as otherwise described to you at the time of collection. In our efforts to continually improve our products and services, we collect and analyze demographic and profile data about our users' activity on our mobile application.

We may occasionally ask you to engage in factual or interest based surveys. These surveys may ask you for more information around your interest and demographic information (like movies of choice, or preferred cuisines). The data so collected through surveys is solely to enhance your experience in the usage of the mobile application, providing you with content that we think you might be interested in, and to display content according to your preferences. It is however clarified that, filling in of such surveys is optional.


Location Sharing

Nears is about recommending you restaurants / gyms / spa / salons  / places around you and your city and in order to do that we would need to know your location. Whenever you open and interact with Nears app or visit Nears.in on your mobile, we use the location information from your mobile device or browser (latitude and longitude) to customize the experience around your location (i.e., showing you recommended places to eat, club or watch a movie nearby). Your location information is NEVER shared with others. Nears mobile app also allows you to select a locality of your choice or let the app determine your current location by tapping on your location name on Location Change screen. It allows us to tell you where the recommendations are based on the location that is determined by the device or your selection.


No unlawful or prohibited use

As a condition of your use of the services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the services in any manner that could damage, disable, overburden, or impair any of our servers, or the network(s) connected to any PR Gods Pvt Ltd server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or to any of the services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.


Material Posted/transmitted at Nears

All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly or privately transmitted / posted, is the sole responsibility of the person from where such content is originated (the Originator). By posting any material which contain images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of limitation, the distribution, public display and reproduction of such Images.

You represent that you have valid rights and title in any and all Content/Images that you submit on the Site, that you have not infringed on any IPR belonging to any party and further that you will indemnify PR Gods Pvt Ltd or its affiliates including Nears for all claims arising out of any content that you post on the Site or its products.

Nears accepts no responsibility for the said Content / Images. However, you understand that all Content / Images posted by you becomes the property of Nears and you agree to grant/assign to Nears, a non-exclusive, royalty free, perpetual, irrevocable and sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content / Images (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed throughout the world".


Exchange of Information & other Community Services

You represent that you are a responsible adult (18 years or above) and/or otherwise capable of entering into and performing legal agreements, and that you agree to be bound by the following terms and conditions. While individuals under the age of 18 may utilize the service, they may do so only with the involvement of a parent or legal guardian, under such person ́s account and otherwise subject to these Terms. In certain jurisdictions, the age of majority may be older than 18, in which case you must satisfy that age in order to become a member / utilize the site or service and you shall be solely responsible for all Content/Images that you upload post or otherwise transmit.

Nears endeavors to provide a web platform for various community interactions for persons to interact and exchange views with each other. The content posted on such services is by general public therefore the accuracy, integrity or quality of such content cannot be guaranteed. You understand that by using such services, you may be exposed to objectionable matter. By using the facility of review/rating and other community services you agree not to upload, post, or otherwise transmit any matter or views, which are, defamatory, abusive, pervasive, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable. You may also not indulge in cyber stalking, become or create a nuisance for any visitor / user of the site.

You may not send, submit, post, or otherwise transmit, material or messages that contain software virus, or any other files that are designed to interrupt, destroy, and negatively affect in any manner whatsoever, any electronic equipment in connection with the use of this site or Mobile, or other user's ability to engage in real time exchanges.


Prohibited Activities

The User shall not to host, display, upload, modify, publish, transmit, store, update or share any information that,

Any Content and or comment uploaded by you, shall be subject to relevant Indian laws and may be disabled, or and may be subject to investigation under appropriate laws. Furthermore, if you are found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of the site, the Company shall have the right to immediately terminate/block your access and usage of the site and the Company shall have the right to immediately remove any non-compliant Content and or comment, uploaded by you and shall further have the right to take recourse to such remedies as would be available to the Company under the applicable laws.


Limitation of Liability

Any transactions relating to booking of table or reservations of goods or services not directly offered by Nears are to be settled inter-se between the 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 PR Gods Pvt Ltd/Nears. Nears merely Endeavours to provide a platform where you and other party may interact, exchange information or carry out a reservation on such basis that are mutually agreed between you and the other party. Nears shall not be liable for any loss that you may incur, while making reservations or bookings of the third party. Under no circumstances shall PR Gods Pvt Ltd/Nears 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 site, or any infringement of another's rights, including intellectual property rights. You specifically agree that Nears is not responsible for any content sent using and/or included in Nears site/mobile/service by any third party.


Termination of Account

PR Gods Pvt Ltd reserves its right to (a) refuse Service, (b) restrict, suspend, or terminate your account; (c) terminate this Agreement; (d) terminate or suspend your access to the site; (e) refuse, move or remove for any reason any Content / Image that you submit on or through the Services; (f) refuse, move, or remove any Content / Image that is available on or through the Services; (g) establish general practices and limits concerning use of the Services at any time and, (h) remove or edit contents or cancel orders (entered by you) in its sole discretion with or without cause, and with or without any prior notice for any violation of the Terms of Use.


User Conduct and Obligations

You hereby agree and assure Nears that the site/Services shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable Central, State or local government or any other international laws. You further concur that you will not, through site/Mobile/Service:


No Controlling Spam Policy or Unsolicited E-mails

You will not use any communication tool or other means available on the site to transmit, directly or indirectly, any unsolicited bulk communications (including emails and instant messages). Nears will not sell, lease or rent its e-mail subscriber lists to third parties. You may not harvest information about users of Nears for the purpose of sending or to facilitate the sending of unsolicited bulk communications. We may terminate your access or use of the service immediately, with or without any notice, and take any other legal action if you, or anyone using your access details to the site or Mobile apps, violates these terms. We may adopt any technical remedy (including any filtering technology or other measures) to prevent unsolicited bulk communications from entering, utilizing or remaining within our computer or communication networks. Such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to you through the Nears Websites.


Consent Template Registration

Once you are a registered customer of Nears, your email address and other personally identifiable information may be used to send product updates and marketing communications. To opt-out from such messages, click on Unsubscribe link on any such email you receive from us. We may still continue to use your email address to notify you of any major administrative or operational updates for customer services purposes, account information, billing, etc.


Disclaimer of Warranties and Liability

PR Gods Pvt Ltd/Nears disclaims all warranties, express or implied, statutory or otherwise, as to the Services provided, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement are disclaimed and excluded.

Nears and its parent, affiliates and associates shall not be liable, at any time for any, direct, indirect, punitive, incidental, special, consequential, damages (including, without limitation, damages for loss of business projects, damage to your computer system or damages for loss of profits, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Nears sites/mobile/services, with the delay or inability to use the Nears sites/mobile/services or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Nears sites/mobile/services, or otherwise arising out of the use of the PR Gods Pvt Ltd sites/mobile/services) arising in contract, tort or otherwise from the use of or inability to use the site, or any of its contents, or from any act or omissions a result of using the site or any such contents or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained on the site. No representations, warranties or guarantees whatsoever are made by Nears as to the (accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation; (b) that the service will be uninterrupted, timely, secure, or error-free; (c) the quality of any products, services, content, information, or other material purchased or obtained from the website or mobile apps will meet your expectations or requirements; or (d) any errors in the website or mobile apps will be corrected.


Links to Other sites

All the contents of this Site and Mobile apps are only for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision. Any specific advice or replies to queries in any part of the Site and Mobile apps is/are the personal opinion of such experts/consultants/persons and are not subscribed to by this Site or Mobile app. The information from or through this site is provided on "AS IS" basis, and all warranties and conditions, expressed or implied of any kind, regarding any matter pertaining to any goods, service or channel, including without Certain links on the Site lead to resources located on servers maintained by third parties, these sites of third party(s) may contain Nears-logo, please understand that it is independent from Nears, over whom Nears has no control or connection, business or otherwise as these sites are external to Nears. You agree and understand that by visiting such sites you are beyond the Nears website. Nears, therefore neither endorses nor offers any judgement or warranty and accepts no responsibility or liability for the authenticity, availability, suitability, reliability, accuracy of the information, software, products, services and related graphics contained, of any of the goods/services/or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visit and/or interactions/s on these site(s), as the same is provided on "as is" without warranty of any kind. Nears gives no warranty and makes no representation whether expressed or implied, that the information contained in this site is error free. Nears shall not be responsible nor liable for any consequential damages arising on account of your relying on the contents of the advertisement. Before relying on the material, users should independently verify its relevance for their purposes, and should obtain any appropriate professional advice.


Material Submitted by Users

Certain elements of the Site will contain material submitted by users. Nears accepts no responsibility for the content, accuracy, conformity to applicable laws of such material. You will indemnify and hold harmless Nears against all third party claims, demands and actions brought against Nears which arises from or relates to the material submitted by you.


Advertising Material

Part of the Site contains advertising information or promotion material or other material submitted to Nears by third parties. Responsibility for ensuring that material submitted for inclusion on site or Mobile apps complies with applicable International and National law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Nears found on or through the Website and or Mobile apps, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. PR Gods Pvt Ltd will not be responsible or liable for any claim, error, omission, inaccuracy in advertising material or any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Nears advertisers on the Website and Mobile apps. Nears reserves the right to omit, suspend or change the position of any advertising material submitted for insertion. Acceptance of advertisements on the site and Mobile apps will be subject to these terms and conditions.


Data Protection

Nears may send information and offer products and services to you from time to time. For further details relating to our policy relating to such offer please refer to our privacy statement. Notwithstanding the foregoing, Nears reserves the right to disclose any information in response to / that it is required to be shared, disclosed or make made available to any governmental, administrative, regulatory or judicial authority under any law or regulation applicable to Nears. Further, Nears can and you authorize Nears/PR Gods Pvt Ltd to disclose your name, street address, city, state, zip code, country, phone number, email, and company name to Intellectual Property rights owners, as we in our sole discretion believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity.


Limited Permission to Copy

Relationship

None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and Nears and you shall have no authority to bind Nears in any manner, whatsoever.


Force Majeure

PR Gods Pvt Ltd shall have no liability to you for any interruption or delay, to access the site or Mobile apps irrespective of the cause.


Indian Law

The Agreement shall be governed by the Laws of India. The Courts of law at Delhi/New Delhi shall have exclusive jurisdiction over any disputes arising under this agreement.


Entire Agreement

These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.


Right to remove inappropriate messages

We reserve the right to remove any messages we deem to be inappropriate, i.e, racist, sexist or threatening. Messages using inappropriate language will also be removed. We do not wish to be censors, but our forums must remain civilized and respect the rights of others.


Booking terms and conditions

The services you can buy/book via Nears are sold by our partners and not us. We are only responsible for arranging and concluding your booking and we have been appointed by our partners to act as their commercial agent to do so. If you pay for services from our partners through our App, we may collect and receive your payment on behalf of the relevant partner in our capacity as their commercial agent. In this event, our successful receipt of your payment will discharge your debt to the partner for the services.


Cancellation, No Show

Nears is committed to providing convenient and quality service to our users. To help us in maintaining this level of service, we urge our users to cancel or edit their reservations if they will be unable to reach the services (restaurant/spa) at the decided time. Also, no points will be credited for the reservation if the user does not avail of the Nears deal at the Services (restaurant/spa).


Q. How can I cancel a reservation?

You can cancel anytime in your profile section through the app, website.


Q. Will I get charged for cancelling a reservation?

Nears has no cancellation charges.


Q. Are prepaid deals cancellable?

No. Prepaid deals are not cancellable.


Refund Policy

Prepaid deals are non-refundable and non-cancellable.

Refund can be considered only in the following two scenarios:

1. Business/Service provider (Restaurant/Spa) got shut permanently.

2. Business/Service provider discontinued the deal during the deal duration.

In case of refunds, it will be processed within 15 working days through online mode.


Limited time to bring your claim

You and Nears agree that any cause of action arising out of or related to the Nears websites or mobile apps, only, must commence within one (1) year after the cause of action accrues otherwise, such cause of action will be permanently barred.


Acceptance Policy of Privacy

By using Nears sites and services, you signify your acceptance of this Privacy Statement. If you do not agree or are not comfortable with any policy described in this Privacy statement, your only remedy is to discontinue use of Nears sites or mobile apps. We reserve the right, to modify this Privacy Statement at any time.


General Terms

Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.

Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement.

If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.

Nears role is limited to managing the web platform for the display of the services/offers/deals provided by the restaurants, gyms, spas, local stores and third parties and other incidental services to facilitate the booking transactions between the stores and the user. Accordingly, Nears is merely an intermediary and is only a platform/facilitator where the stores and other service provider may offer its services/deals/offers and discounts for marketing purposes. The contract for service shall be a strictly bipartite contract between such service provider and the user. At no time shall Nears have any obligations or liabilities in respect of such contract nor shall Nears hold any rights, title or interest in the services provided by such service provider. Nears shall not be responsible for any unsatisfactory or delayed performance or any actions or inactions of the stores/third party service provider including deficiency in services provided by such stores and the service providers.

Nears may on request of any third party promote its products/services by issuing promotional offers/gift coupons/discount vouchers/pre-paid vouchers (“promotional offers”). It is clarified that such promotional offers received from Nears are to be settled inter-se between the parties to such transaction and the respective third party promoting its service/product and 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 PR Gods Pvt Ltd/Nears.



Notice of Copyright Infringement and Grievance Redressal Mechanism:

Nears is not liable for any infringement of copyright arising out of materials posted on or transmitted through the site or mobile apps, or items advertised on the site or mobile apps, by end users or any other third parties.

Redressal Mechanism: Any complaints, abuse or concerns with regards to content and or comment or breach of these terms shall be immediately informed to the designated Grievance Officer as mentioned below via in writing or through email signed with the electronic signature to or call on

Mr. Veer Narayan

Grievance Redressal Officer, Nears

Srinagar Colony, Hyderabad - 500073

Email – help@nears.in


We request you to please provide the following information in your complaint: -


Copyright Notice

Copyright © 2024, Nears.in (PR Gods Pvt Ltd Property). All Rights Reserved.

This disclaimer/ terms of service notification is subject to change without notice.