Terms & Conditions
This Web Site is provided by NearYou Leading Technologies Group Pte. Ltd. (hereinafter referred to as "NearYou” or “NearYou Group”), all orders and purchases made through this website are subject to the Online Shopping Terms and Conditions outlined below. These Online Shopping Terms and Conditions may change from time to time without prior notice and at our discretion.
NearYou Leading Technologies Group Pte. Ltd. is a group company, based out of Singapore, having business in India & UAE market. Nearyou Technology & Solutions Pvt. Ltd. India & Dubai Leading Technologies, Dubai (a LLC company, hereinafter can be referred to as "DLT”) are subsidiaries of Nearyou Group (in process). Nearyou group has on-line Internet store especially specialized on NFC (Near Field Communication) related products including NFC tags, QR Code (Quick Response Code) and software/tool, offering its products and services for businesses globally.
http://www.dubaileadingtech.com, a Dubai based Limited Liability Company, with its registered office at Dubai Leading Technologies, 318, Lootah Building, Opposite Pakistani Consulate, Bur Dubai, Dubai, UAE. Phone: +971 4 3978880, Fax: +971 4 3966566.
A web link of Nearyou Group is also present on Dubai Leading Technologies website so that Dubai users can order for NFC Products and Services from Nearyou website. All terms and conditions of Dubai Leading Technologies are applicable to all users who is using Nearyou website for any purpose in UAE or outside UAE. After shipping of products by NearYou/Dubai Leading Technologies or receiving of products by customer, NearYou/Dubai Leading Technologies shall not be responsible for any kind of loss, damage, and frauds. Customer is bound to terms and policies of NearYou India as well as Dubai Leading Technologies which is part of Nearyou Group.
For UAE Hours of Operation
Sunday to Thursday: 09:00 am - 6:00 pm (UAE Time)
Weekends and Holidays:
Friday, Saturday and Public Holidays
For INDIA Hours of Operation
Monday to Friday: 09:00 am - 6:00 pm (India Time)
Weekends and Holidays:
Saturday, Sunday and Public Holidays
Contract between us and the customer
When you place an order to purchase items using our website this is an offer by you to us to purchase those items. We will confirm receipt of your order by contacting you on your phone or mobile number and sending you an email summarizing the details of your order ("Order Confirmation email"). The contract between us is formed at the point we send the Order Confirmation email in respect of those items mentioned in the email. If your order contained a number of items and the Order Confirmation email mentions on some of them, those items which have yet to be dispatched to you do not form part of that contract.
- NearYou has business relationships with thousands of customers, suppliers, governments, and others. For convenience and simplicity, words like joint venture, partnership, and partner are used to indicate business relationships involving common activities and interests, and those words may not indicate precise legal relationships.
The Site is provided as a service to our customers. Your use of the Site constitutes your agreement to follow and be bound by these Site Terms. We reserve the right to update or modify these Site Terms at any time without prior notice. For this reason, we encourage you to review the Site Terms whenever you use the Site. If you do not agree to these terms, please do not use the Site.
All communication between customers and NearYou is primarily conducted by email or on-line forms in written and customers must give their valid email address when placing an order. The email address may be later used to send order or product related support messages or other information (e.g. product updates and alternative products).
Currently we support COD i.e. Cash On Delivery for UAE users. Any user can order online from Nearyou website. User shall be applicable to all terms and conditions of Courier/COD services from our partner courier services.
For any products and services, any user from India must choose INR as currency for any products and services from Nearyou and any user from UAE must choose Dirham as currency for any products and services from Nearyou.
By providing the COD services we are not responsible for any non-performance, breach or any other claim relating to or arising out of any contract entered into between any customer and us, nor do we have any fiduciary duty to any user. Other terms of payment may be accepted, if agreed in advance such as direct Bank Transfer according to Policy. Customer must read return policies of NearYou. Any false returns will not be accepted by NearYou after buying products or damaging them after buying. After shipping/out for Cash on Delivery of products by NearYou or receiving of products by customer, NearYou shall not be responsible for any kind of loss, damage, and frauds. Customer is bound to terms and policies of NearYou. Any reproduction or redistribution of the Products not in accordance with the Terms and Policies is expressly prohibited by law, and may result in severe civil and criminal penalties.
We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
Payment for buying products or using Services at nearyoutech.com will be paid by consumer. We have collaborated with Mobikwik for our Payment Gateway. Using Mobikwik wallet is simple and similar to PayPal. If you have Mobikwik wallet then there is no hassle in paying online and if not then you can choose any available options like credit/debit card or Net Banking. Payment methods are credit card, debit card, Over 51 net banking, VISA Electron, Maestro Cards, Diners Club International and pro forma invoice (payment in advance on bank account). Other terms of payment may be accepted, if agreed in advance such as direct Bank Transfer according to Policy. NearYou accepts VISA, Master Card credit and debit cards. All credit card payment will be done using third party secure payment site operated by Payment Integration Company. Please mail us for more information regarding this particular subject.
After receiving payment only NearYou will confirm the payment to consumer by receipt and dispatch products according to order. Products charges/Fee decision is the right of NearYou, at any time in our sole discretion, to: modify, suspend, to offer discount or discontinue the fee or any service, content, feature or product offered through that particular service. NearYou shall not be liable for any wrong bank accounts, address, frauds, wrong details provided by customer, any kind of scam.
Customer must read return policies of NearYou. Any false returns will not be accepted by NearYou after buying products or damaging them after buying. After shipping of products by NearYou or receiving of products by customer, NearYou shall not be responsible for any kind of loss, damage, and frauds. Customer is bound to terms and policies of NearYou. Any reproduction or redistribution of the Products not in accordance with the Terms and Policies is expressly prohibited by law, and may result in severe civil and criminal penalties.
Payment Methods, Prices and Taxes
Pricing for India in Rupees and for UAE it is in Dirham. Pricing of any country may be different according to any particular countries taxes, laws, import export policies and infrastructure. We offer substantial discounts for bulk quantity orders.
The term of payment of pro forma invoice payments is "All charges to the payer" (except if legislation otherwise forces). If any charges have been deducted from the Grand Total sum, NearYou has the right to refuse delivery until paid in full by customer.
The prices at NearYou for the products are valid at the time of entering the information. NearYou reserves the right to change prices at any time without prior notice. All prices at NearYou are VAT included (Value Added Tax) & TDR included. Current VAT will be added according to VAT rules by Government of India to purchase price of orders, that will be delivered inside India, for all deliveries on domestic markets (India), for postal deliveries outside of India, for all orders where products will be picked-up from NearYou Store and for all such export sales deliveries, where “proof of export documentation” is not reasonable available. The customer is responsible for paying any other taxes or fees, that may occur based on the legislation of their country of location or delivery location.
Right to Change Site
We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Site or any service, content, feature or product offered through the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site.
Unless otherwise noted, the Site, and all materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the "Contents"), are owned, controlled or licensed by NearYou.
The Site and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Site.
Unless otherwise specified, the Site and the Contents are intended to promote NearYou's products and services available in India and worldwide. The Site is controlled and operated by NearYou from its offices in India.
User Comments, Feedback, and Other Submissions
NearYou is pleased to hear from users and welcomes your comments regarding our products and services. Our company policy does not allow us to accept or to consider creative ideas, suggestions, proposals, plans, or other materials other than those we have specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by NearYou's employees and agents might seem to be similar to creative works submitted by users. Accordingly, while we value your feedback, we must ask that you do not send creative ideas, suggestions, proposals, plans, or other materials for our business. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Comments"), you agree that NearYou may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to NearYou. NearYou is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. NearYou has the right but not the obligation to monitor and edit or remove any Comments.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead NearYou or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. NearYou takes no responsibility and assumes no liability for any Comments posted by your or any third party.
THIRD PARTY CONTENT
The Web Site makes information of third parties available, including articles, analyst reports, news reports, tools to facilitate calculation, company information and data about financial markets, including any regulatory authority and other financial markets and other data from external sources (the "Third Party Content"). You acknowledge and agree that the Third Party Content is not created or endorsed by NearYou. The provision of Third Party Content is for general informational purposes only and does not constitute a recommendation or solicitation to purchase or sell any securities or shares or to make any other type of investment or investment decision. In addition, the Third Party Content is not intended to provide tax, legal or investment advice. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable, but that no guarantees are made by NearYou or the providers of the Third Party Content as to its accuracy, completeness, timeliness. You agree not to hold NearYou, any business offering products or services through the Web Site or any provider of Third Party Content liable for any investment decision or other transaction You may make based on Your reliance on or use of such data, or any liability that may arise due to delays or interruptions in the delivery of the Third Party Content for any reason.
By using any Third Party Content, You may leave this Web Site and be directed to an external website, or to a website maintained by an entity other than NearYou. If You decide to visit any such site, You do so at Your own risk and it is Your responsibility to take all protective measures to guard against viruses or any other destructive elements. NearYou makes no warranty or representation regarding, and does not endorse, any linked web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that NearYou or this Web Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of NearYou or any of its affiliates or subsidiaries. You hereby expressly acknowledge and agree that the linked sites are not under the control of NearYou and NearYou is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. NearYou is not responsible for web casting or any other form of transmission received from any linked site. NearYou is providing these links to You only as a convenience, and the inclusion of any link shall not be construed to imply endorsement by NearYou in any manner of the website.
Personal Information Submitted Through the Site
This website, the information and material on the site, and any software or application made available on the website, are approved “AS IS” without any representation and warranty, express or implied, of any kind, including, but not limited to, warranties of merchant-ability, non infringement, or fitness for any particular purpose. There is no warranty of any kind, express or implied, regarding third party content.
In spite of NearYou’s best endeavors, there is no warranty on behalf of NearYou that this website will be free of any computer viruses. Some jurisdictions do not allow for the exclusion of implied warranties, so the above exclusions may not apply to you.
What is not covered?
This warranty does not cover defects resulting from improper or unreasonable use or maintenance; failure to follow operating instructions; accident; excess moisture; insects; lightning; power surges; connections to improper voltage supply; unauthorized alteration or modification of original condition; damages caused by inadequate packing or shipping procedures; loss of, damage to or corruption of stored data; damages caused by use with third-party products/applications; product that requires modification or adaptation to enable it to operate in any country other than the country for which it was designed, manufactured, approved and/or authorized, or repair of products damaged by these modifications; and products purchased from unauthorized dealers.
Errors, Inaccuracies, and Omissions
Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).
Limitations of Damages
In no event shall NearYou or any of its subsidiaries or affiliates be liable to any entity for any direct, indirect, special, consequential, or other damages (including, without limitation, any lost profit, business interruption, loss of information or programs or other data of your information handling system) that are related to the use of, or inability to use, the content, materials, and functions of the website or any linked website, even if NearYou is expressly advised of the possibility of such damages.
Links to Other Web Sites and Services
The Site may contain links to other Web sites that are not under the control of NearYou. NearYou has no responsibility for the linked neither Web sites nor does linking constitute an endorsement of any linked website. Links are provided solely for the convenience and information of the Site's users.
The materials on the Site are provided "as is" without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchant-ability, fitness for a particular purpose or non-infringement of intellectual property. The website may contain inaccuracies and typographical and clerical errors NearYou expressly disclaims any duty or obligation(s) to update or revise the materials on the Site, although NearYou may modify the materials at any time without notice. Your use of the Site is at your sole risk, and you assume full responsibility for any costs associated with your use of the Site. NearYou shall not be liable for any damages of any kind related to your use of the Site.
NearYou does not warrant the accuracy or completeness of the materials or the reliability of any advice, opinion, statement or other information displayed or distributed through the website. You acknowledge that any reliance or any such opinion, advice, statement, memorandum, or information shall be at your sole risk. NearYou reserves the right, in its sole discretion, to correct any errors or any omission at any portion of the website. NearYou may make any other changes to the website, the materials and the products, programs, services or prices (if any), described in the website at any time without notice. This website is for informational purpose and online store is for selling products that NearYou owns and this should not be construed as technical advice of any manner.
nearyoutech.com cannot guarantee the reliability or the accuracy of the information contained within its pages. All the actions taken by the user of the website are the responsibility of the individual. All delivery times are estimates only and some products may take longer due to circumstances beyond our control. Our Customer Care will contact you with expected delivery days and time upon receipt of your order. Please note some products may take longer due to shortages from the manufacturers. Our call center will advise you of this upon receipt of order.
We support COD i.e. Cash on Delivery in UAE. Please note that if you order a number of items for delivery to the same address, they may be dispatched separately and we cannot guarantee delivery of all the items on the same day. We make every effort to dispatch items on time. If we are unable to deliver the items within our normal time frame, we will inform you about the same well in advance. Cancellation fee (if applicable) will be deducted prior to refunding the amount. If the items are not delivered within the time period we specify in the Order Confirmation Email, please contact our Customer Care Department quoting the order number contained in your Order Confirmation Email. Delivery occurs when the items are delivered to the delivery address you specified when placing your order. After this point, responsibility for loss, breakage and damage passes to you. Ownership of items purchased does not pass to you until payment is received by us in full.
UNLAWFUL AND/OR PROHIBITED USE OF THE WEB SITE
You agree to defend, indemnify and hold NearYou harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site and/or your breach of any representation, warranty, or other provision of the Agreement.
Dubai Leading Technologies, 318, Lootah Building, Opposite Pakistani Consulate, Bur Dubai, Dubai, UAE. Phone: +971 4 3978880, Fax: +971 4 3966566.
Registered Office Address India
Nearyou Technology and Solutions Pvt. Ltd. has its registered address at 46-G/5, Gandhi Nagar, Chittorgarh, Rajasthan -312001, India.
Development & Shipping Office Address India
Nearyou Technology and Solutions Pvt. Ltd. has its branch office at 561, Hiran Magri, Sector-11, Udaipur, Rajasthan 313002, India for all development and shipping work.
Mindful of the high cost of litigation, both you and NearYou agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. For UAE all disputes come in UAE Law and terms and conditions of DLT is applicable as are. Notice shall be sent
- NearYou Technology & Solutions Pvt. Ltd., 46-G/5, Gandhi Nagar, Chittorgarh, Rajasthan -312001, or
- Your last-used billing address or the billing and/or shipping address in your online profile.
Both you and NearYou agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.
For UAE notice shall be sent to Dubai Leading Technologies, 318, Lootah Building, Opposite Pakistani Consulate, Bur Dubai, Dubai, UAE. Phone: +971 4 3978880, Fax: +971 4 3966566.
Notice Specific to Software/Application Available On This Web Site
Any software that is made available to download from the Services/Solutions ("Software") is the copyrighted work of NearYou. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. Third party scripts or code, linked to or referenced from this web site, are licensed to you by the third parties that own such code, not by NearYou.
The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties.
Notice Specific to Documents Available On This Web Site
Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made.
Notices Regarding Software, Documents & Services Available On This Web Site
IN NO EVENT SHALL NEARYOU BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
Member Account, Password, and Security
If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify NearYou immediately of any unauthorized use of your account or any other breach of security. NearYou will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by NearYou or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
Products, Availability, Delivery Times and Back Orders
The products descriptions at NearYou for the products are valid at the time of entering the information. NearYou reserves the right to change the products descriptions and content at any time without prior notice. If the picture of product and written description of the product are different, the written information is deemed valid. NearYou advice that the customer is in contact in advance, if the customer is unsure about products’ features or compatibility.
NearYou tries to keep majority of products in stock. Some products are labelled to be available “on request” (or similar term), thus those products are normally not in stock. Products labelled to be available “in stock” (or similar term), may be out of stock e.g. if the availability from supplier changes or if the demand on market is unpredictable high. The amount of stock may vary.
All orders are subject to acceptance by NearYou and product availability. If ordered products, or ordered number of pieces, are not in stock, the customer will be informed by email as soon as possible.
Delivery will follow after valid payment. NearYou has the right to cancel the order, if it is assumable, that e.g. the credit card used for payment is not valid, is stolen or the source of payment is fraudulent. In such case customer will be contacted and informed by email.
Packing and dispatching takes normally 1-3 working days. In case of further delayed dispatch the customer will be informed by email. Dispatching may take longer for products that will be customized and/or personalized or tested before shipping. If the order contains products with estimated longer lead time, partial deliveries on customer's request will be charged.
Delivery will be by default in one shipment. Back orders will be shipped as soon as possible, when the products are available.
Shipping and Carrier
NearYou recommends to site user to go through Shipping FAQ at bottom of web-page before making orders.
NearYou offers courier service as standard delivery in India. For UAE we support COD. Other delivery options are postal shipment (letter) and pick-up. The availability of postal shipment may be limited to certain geographical areas or countries, to limited products and to some maximum order value. Shipping costs for online orders are kept at flat 40 INR all over India. Any order more than 2500 INR is shipped as free.
Typical shipping time using courier service is 3-5 working days. Shipping times may vary depending delivery destination, import customs process. Furthermore e.g. local holidays, strikes, unrest or weather conditions may cause delays on delivery.
For courier service the term of delivery is Delivery Address (Delivered at Place). Delivery Address is given by customer when placing the order. The delivery cost is paid until the Delivery Address, but customer is responsible for the import customs clearance costs and payment of customs duties and taxes. VAT included in prices showing at www.nearyoutech.com. In case of special shipping and delivery arrangements requested by customer, please email us, we can arrange special deliveries for you, if not otherwise agreed in written.
Contract of Purchase
For UAE & INDIA
What do I need to know when receiving my order?
Carefully read the information below regarding the proper handling of your new equipment. Following these guidelines will make your experience with our Customer Care easier and more pleasant and will help expedite any transactions.
- Upon receipt of your new merchandise, please inspect it carefully as to its contents and condition.
- All claims for damaged or missing items MUST be reported to Nearyou/DLT within twelve (12) business hours of receipt of merchandise.
- In the event your package arrives damaged, it is the responsibility of the customer to contact Nearyou/DLT and inform about it. Nearyou/DLT will then investigate the matter and authorize either a full refund or replace the unit if the claim or complaint deems fit.
- All packaging MUST be retained until the problem has been resolved. Please DO NOT damage the manufacturer's packaging.
- Please DO NOT fill out the manufacturer's warranty cards until you are absolutely sure you want to keep your merchandise.
Orders will be placed using NearYou’s on-line order systems. These terms apply also, if customer and NearYou have agreed to follow some other order process but it is agreed or the quotation based on which the order is done states that these terms shall apply.
All orders made by customer are binding customer after the order is submitted. After that the customer will have the right to cancel the order only by pressing “Cancel Order” by informing NearYou about the cancellation by email before the processing of the order has started.
Special requests from customer must always be typed-in on “Special requests” in email. This applies even if the requests are discussed with NearYou in advance. The on-line order system will automatically send a confirmation email of received order. A separate order confirmation will be sent to customer by email containing normally also estimate date of delivery. The order confirmation email may not be sent, if the order will be processed once received.
All orders - thus every contact of purchase - are subject to acceptance by NearYou. NearYou reserves the right to accept or decline orders for any reason. In this case customer will be contacted and informed by email.
Warranties and Send-backs
NearYou recommends to site user to go through Returns & Warranties FAQ at bottom of web-page before making orders.
Customer has the responsibility to carefully inspect the received shipment at once and inform NearYou of any complains immediately by email. Warranties granted by manufacturers apply, if the product is used and stored as advised in user manuals, warranty policy and other written and non-written instructions given or available from manufacturer or NearYou.
Actions concerning all replacements – also e.g. warranty issues – or any other possible send-back issue have to be agreed with NearYou in advance. In case of unnecessary or non-accepted send-back, all cost of send-backs and re-sends will be charged from customer.
Warranties do not cover defects or alleged defects caused by the fact that the product was used with or connected to any third party product or software.
Manufacturers' warranty may differ in some countries and geographic areas where the products are used. Warranty may also be limited or warranty repair/replacement may not be offered for certain products that are not widely available or not originally purchased in that particular country or geographic area. These issues may limit the normal warranty coverage of products purchased at NearYou. NearYou may then offer repair/replacement service, whereas customer is liable for product return shipping to NearYou and return shipping back to customer after repair/replacement.
NearYou is not liable if customer's order/shipment or any part of it is lost, damaged, delayed or miss-delivered or not delivered at all as a result of: a) circumstances beyond the control of NearYou b) customer's / receiver’s acts or omissions or those of third parties.
Customer agrees not to bring any claim or action against courier service arising from the carriage without prior written acceptance from NearYou.
NearYou is not liable for any consequential or special damages or loss (including loss of income, profits, markets, reputation, use of contents or loss of an opportunity) or any other indirect loss arising from the use of the products, software or services even if NearYou had knowledge that such damages or loss might arise. In any case NearYou’s liability is limited maximum to the purchase price of the product.
Additional Terms and Conditions Regarding Free Samples
NearYou may provide free samples as product at on-line store or as a separate offering. NearYou has the right - without prior notice - to stop or end such free samples offering or change the content of the free sample products at any time. The actual content of free sample products may differ from the picture or the product description.
If only free sample products are included in order and customer does not pay for certain delivery service, NearYou has the right to select the shipping method.
The free sample sets and products are generally available not more than once for each customer and aimed for new customers. The free samples are provided for non-commercial use only (e.g. for testing and development). Sample sets and products are delivered”as is” and NearYou's liability for any kind of direct or indirect losses is limited to the purchase price of the free sample set or product.
NearYou has the right to store the order details, as well as contact details of customer and receiver to customer database and to use this information for marketing purposes. No contact details will be further published to any third party without permission by customer.
If any of these terms and conditions should be determined to be illegal, invalid or otherwise unenforceable, it shall be severed and deleted from the terms and conditions and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
These terms may be varied from time to time. Please ensure that you review these terms and conditions regularly as you will be deemed to have accepted a variation if you continue to use the Site after any variation has been posted.
USE OF COMMUNICATION SERVICES
The nearyoutech.com website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
* Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
* Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
* Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
* Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
* Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
* Conduct or forward surveys, contests, pyramid schemes or chain letters.
* Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
* Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
* Restrict or inhibit any other user from using and enjoying the Communication Services.
* Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
* Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
* Violate any applicable laws or regulations nearyoutech.com website has no obligation to monitor the Communication Services. However, nearyoutech.com reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. nearyoutech.com reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
nearyoutech.com reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in nearyoutech.com website sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. nearyoutech.com does not control or endorse the content, messages or information found in any Communication Service and, therefore, nearyoutech.com specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized nearyoutech.com spokespersons, and their views do not necessarily reflect those of nearyoutech.com.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Materials provided to nearyoutech.com or posted at any NearYou Leading Technologies Pte. Ltd. website
nearyoutech.com does not claim ownership of the materials you provide to nearyoutech.com (including feedback and suggestions) or post, upload, input or submit to any nearyoutech.com website or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting nearyoutech.com, its affiliated companies and necessary sub licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. nearyoutech.com is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in nearyoutech.com sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Choice of Law
This User Agreement is governed by, and construed in accordance with, UAE law. This clause will survive any expiry or cancellation of this User Agreement for any reason. Any Agreement shall be construed in accordance with the laws of the UAE, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the or under the law of UAE and/or courts in Dubai whichever comes under according to laws of UAE Government.
This Agreement shall be construed in accordance with the laws of the India, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or High courts of the State of Rajasthan, Situated at Jodhpur, India. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of NearYou's right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Site.
This Site is controlled, operated and administered by NearYou. NearYou makes no representation that Materials on this Web Site are appropriate or available for use at any other location(s). Any access to this Web Site from territories where their contents are illegal is prohibited. You may not use the Web Site or export the Materials in violation of any applicable export laws and regulations.
These terms are effective unless and until terminated by either you or NearYou. You may terminate this Agreement at any time. NearYou also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Site, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.