Terms & Conditions

Terms of use for nearyoutech.com

This Web Site is provided by Nearyou Technology and Solutions Pvt. Ltd. (hereinafter referred to as "Nearyou”), 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.

General Information

Nearyou Technology and Solutions Pvt. Ltd. is based out of India, having business in India & UAE market.  Nearyou has NFC (Near Field Communication) related products and Solutions including NFC tags, QR Code (Quick Response Code) and software/tool, offering its products and services for businesses globally.

Nearyou Technology and Solutions Pvt. Ltd. recommends you to go through terms and conditions and Privacy Policy ones before using any of the website. 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.

Hours of Operation

Working Hours:

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.

General Terms

The use of any product, service or feature (the "Materials") available through the internet web sites accessible at nearyoutech.com by any user of the Web Site ("You" or "Your" hereafter) shall be governed by the following terms of use:

  • This Web Site is provided by Nearyou Technology and Solutions Pvt. Ltd. (hereinafter referred to as "Nearyou”), incorporate in India and shall be used for informational purposes only. By using the Web Site or downloading Materials from the Web Site, You hereby agree to abide by the terms and conditions set forth in this Terms of Use. In the event of you not agreeing to these terms and conditions, you are requested by Nearyou not to use the Web Site or download Materials from the Web Site.
  • 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).

Changes

Nearyou reserves the rights, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use in whole or in part, at any time. Changes in these Terms of Use will be effective when notice of such change is posted. Your continued use of the Web Site after any changes to these Terms of Use are posted will be considered acceptance of those changes. Nearyou may terminate, change, suspend or discontinue any aspect of the Web Site, including the availability of any feature(s) of the Web Site, at any time. Nearyou may also impose limits on certain features and services or restrict Your access to certain sections or all of the Web Site without notice or liability. You hereby acknowledge and agree that Nearyou may terminate the authorization, rights and license given above at any point of time at its own sole discretion and upon such termination; You shall immediately destroy all Materials.

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.

Site Contents

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

Your submission of personal information through the Site is governed by our Privacy Policy, which can be reached by clicking on the "Privacy Policy" link located in the footer section of the Site (the "Privacy Policy"). This Agreement incorporates by reference the terms and conditions of the Privacy Policy.

No Warranties

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.

Disclaimer

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.

Delivery

UNLAWFUL AND/OR PROHIBITED USE OF THE WEB SITE

As a condition of your use of the Web Site, You shall not use the Web Site for any purpose(s) that is unlawful or prohibited by the Terms of Use. You shall not use the Web Site in any manner that could damage, disable, overburden, or impair any Nearyou server, or the network(s) connected to any Nearyou server, or interfere with any other party's use and enjoyment of any services associated with the Web Site. You shall not attempt to gain unauthorized access to any section of the Web Site, other accounts, computer systems or networks connected to any Nearyou server or to any of the services associated with the Web Site, through hacking, password mining or any other means. You shall not obtain or attempt to obtain any Materials or information through any means not intentionally made available through the Web Site.

Indemnification

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.

Registered Office Address India

Nearyou Technology and Solutions Pvt. Ltd. has its registered address at  Office 206, Plot 644, Sector-13 Udaipur Rajasthan 313002, India. 

Dispute Resolution

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. Notice shall be sent

  • Nearyou Technology & Solutions Pvt. Ltd., Office 206, Plot 644, Sector-13 Udaipur Rajasthan India 313002, 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.

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.

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

For INDIA

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.

INTERNATIONAL USERS

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 of Use constitutes the entire agreement between Nearyou and You with respect to Your use of the Web Site. Any claim You may have with respect to Your use of the Web Site must be commenced within one (1) year of the cause of action. If any provision(s) of this Terms of Use is held by a court of competent jurisdiction to be contrary to law then such provision(s) shall be severed from this Terms of Use and the other remaining provisions of this Terms of Use shall remain in full force and effect.

Termination

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.