TERMS OF SERVICE

1.   General

“www.mynearshop.com” (hereinafter, the “Website”) is owned and operated by Lochinvar Internet Services Private Limited (“Company”, and the Company and Website together shall be hereinafter referred to as Mynearshop, a company incorporated under the Companies Act, having its registered office at 5, MCHS,Sector 4, HSR Layout Bangalore KA 560102 IN.


You are advised to read and understand these Terms carefully as moving past the home page, or using any of the services shall be taken to mean that You have read and agreed to all of the policies, which constitute a legally binding agreement between you and the website. These terms are to be read along with the Privacy Policy and any other policies on the website.

 

This document is an electronic record published in accordance with the provisions of the Information Technology (Intermediaries guidelines) Rules,2011 that require publishing the Rules and Regulations, Privacy Policy and Terms of Service for access or usage of the website and being generated by a computer system, it does not require any physical or digital signatures.

 

For the purpose of these Terms of Use, along with any amendments to the same, and wherever the context so requires “You”, “Your” or “User” refer to the person visiting, accessing, browsing through and/or using the Website at any point in time. The term “We”, “Us”, “Our” shall mean and refer to the website and/or the Company, depending on the context.

 

The headings of each section in this Agreement are only for the purpose of organising the various provisions under this Agreement in an orderly manner.These headings shall not be used by either party to interpret the provisions contained under them in any manner. Further, the headings have no legal or contractual value.

We hold the sole right to modify the Terms of Service without prior permission from You or providing notice to You. The relationship creates on You a duty to periodically check the Terms of Service and stay updated on its requirements. If You continue to use the Website or avail any of its services without registration following such change, this is deemed as consent by You to the so amended policies. Your continued use of the Website is conditioned up on your compliance with the Terms of Service, including but not limited to compliance with the Terms of Service even after alterations, if any.

 

2.  Registration

To use the services provided on the website, it is not compulsory to create an account.  A User may also create an account on the Website which shall collect only Your basic information. You also have the option of linking your social media accounts, such as Your Facebook or Google Plus account with the Mynearshop account, to create your Mynearshop Account. You must keep your account and registration details current and correct for communications related to your purchases from the Website.

 

At the time of registration, the Company shall collect the following personally identifiable information about you: Name - including first and last name, email address, mobile phone number and other contact details, demographic profile (like your age, gender, address, etc.,). If you choose to link your social media account with your Mynearshop Account, we collect basic information about you from those social media platforms, such as: name, age,gender, location and e-mail address.  Information collected about you is subject to the Privacy Policy of the Company, which may be read as part and parcel of these Terms of Use.

 

There shall be two types of Users on the Website, The User who uses the Website to purchase Products (hereinafter referred to as “Customer”) and the User who enters the Website to list himself as a seller of the Products(hereinafter referred to as “Vendor”).

 

You are solely responsible for protecting the confidentiality of your username and password and any activity under the account will be deemed to have been done by you. In the event you provide us with false/inaccurate details or the Company has a reasonable ground to believe that false and inaccurate information has been furnished, we hold the right to permanently suspend your account.

 

3.  Services Overview

The Website is an online platform which is a hyper local aggregator of Vendors. The Customer can add the filter based on the area, the product and place the order for the same and once the order is placed it shall be delivered to the doorstep of the Customer.

 

The Vendor shall register himself with the Company and on doing so shall be able to list his product and shop on the Website and on doing so can sell the Product to the Customer on the Website.

 

4.  Eligibility

Services on the Website would be available to only select geographies in India. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, in-discharged insolvents etc. are not eligible to use the Website.


However, if you are a minor, i.e. under the age of 18 years and over the age of13 years, you may use the Website under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. [.] reserves the right to terminate or refuse your registration, or refuse to permit access to the Website, if it is discovered or brought to its notice that you are a minor.

 

5.   Security

Transactions on the Website are secure and protected. Any information entered by the User when transacting on the Website is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information is not received, stored by or retained by the Company /Website in any manner. This information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided, and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.

 

6.  License and Access

The Company grants you a limited sub-license to access and make personal use of the Website, but not to download (other than page caching) or modify it,or any portion of it, except with express written consent of the Company. Such limited sub- license does not include/permit any resale or commercial use of the Website or its contents; any collection and use of any product listings,descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.Any portion of the Website may not be reproduced, duplicated, copied, sold,resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information(including images, text, page layout, or form) of the Website or of the Company and/or its affiliates without the express written consent of the Company. You may not use any meta tags or any other “hidden text” utilizing the Company’s name or trademarks without the express written consent of the Company. You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, ‘password mining’ or any other illegitimate means.


You hereby agree and undertake not to host, display, upload, modify, publish,transmit, update or share any information which:

a.      belongs to another person and to which you do not have any right;

b.      is grossly harmful, harassing,blasphemous, defamatory, obscene, pornographic, pedophilic, libelous,invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

c.       harms minors in any way;

d.      infringes any patent, trademark,copyright or other proprietary/intellectual property rights;

e.      violates any law for the time being in force;

f.       deceives or misleads the addressee about the origin of such messages communicates any information which is grossly offensive or menacing in nature;

g.      impersonates another person;

h.      contains software viruses or any other computer code, files or programs designed to interrupt, destroy orlimit the functionality of any computer resource;

i.       threatens the unity,integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation; or

j.       is misleading or known to be false in any way.

 

7.   Communications

By using this Website, it is deemed that you have consented to receiving calls, auto dialed and/or per-recorded message calls, e-mails, from Us at anytime with the use of the telephone number and e-mail address that has been provided by you for the use of this website which are subject to the Privacy Policy. The user agrees to receive promotional communication and newsletters from the Company and its partners.  These communications can include SMS and Email pertaining to the status and delivery of your order.

 

This includes contacting you through information received through other parties.  The use of this website is also your consent to receive SMSes from Us at any time we deem fit.  This consent to be contacted is for purposes that include and are not limited to clarification calls and marketing and promotional calls. The user can opt out from such communication and/or newsletters either by unsubscribing on the Website itself, or by contacting the customer services team and placing a request for unsubscribing by sending an email to support@mynearshop.com

 

You may also be contacted by Service Providers with whom we have entered into a contract in furtherance of our rights, duties and obligations under this document and all other policies followed by Us. Such contact will be made only in pursuance of such objectives, and no other calls will be made.

 

The sharing of the information provided by you will be governed by the Privacy Policy and We will not give out such contact information of yours tothird parties not connected with the Website.

 

8.  Pricing

Mynearshop.com does not fix the prices for the goods. The price mentioned at the time of ordering a product shall be the price charged at the time of delivery.  The membership of this website is free and this includes the browsing of the Website and the use of the services. However,we reserve the right to amend the charges for the services rendered. In a case that such happens, Users will be intimated of the same, and it will be up to you to decide whether or not you will continue with services offered by us.Such changes are effective as soon as they are posted on the Website.

 

9.  Payment

The following payment options are available on the Application:

a)     Domestic and international credit cards issued by banks and financial institutions that are part of the Visa, MasterCard & Amex Card networks;

b)     Visa & Master Card Debit cards;

c)       Net banking/Direct Debit payments from select banks in India. A list of available options will be made available at the time of ‘checkout’.

d)     Cash on Delivery (Cod)

 

In the event due to any circumstance, the payments made through the payment gateways are not successful, the same shall be the responsibility of the payment gateway and not the Company and/or the Website.

10.    User Obligations

You are a restricted user of this website.

a.     You are bound not to cut, copy,distribute, modify, recreate, reverse engineer, distribute, disseminate, post,publish or create derivative works from, transfer, or sell any information or software obtained from the website. With our prior permission limited use maybe allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.

b.    You agree not to access (or attempt to access)the Website and/or the materials or Services by any means other than through the interface that is provided by the website. The use of deep-link, robot,spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content,to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website. You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation tosuch offensive content on the Website. Further, You may report such offensive content.

c.     In places where this website allows you to post or upload data/information, You undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:

                   i.         Abuse,harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;

                  ii.         Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);

                 iii.         Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;

                iv.         Publish,post, disseminate, any information which is grossly harmful, harassing, blasphemous,defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging,relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women"within the meaning of the Indecent Representation of Women (Prohibition) Act,1986;

                 v.         Post any file that infringes the copyright, patent or trademark of other legal entities;

                vi.         Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;

               vii.         Download any file posted by another user that you know, or reasonably should know,cannot be legally distributed in such manner;

              viii.         Probe,scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website,or any other customer of the website, including any website Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;