Terms of service

Welcome to Nearoo!

Here you can find all the terms and conditions that we apply in order to perform our provided services at the highest level of our standards. If you’re here, that means you’re smart enough to read them carefully before using our services.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOUR PURCHASES.

* GENERAL SCOPE

Nearoo provides software-based delivery services for goods such as food, beverages and other grocery products (collectively, Groceries). These terms (Terms of Service) apply when you use the Nearoo mobile applications (collectively, Services).

By using the Services, you automatically agree to the Terms of Service.

Nearoo is a platform for facilitating the exchange of services between individuals (User) who are willing to order Groceries via our partners (Shops) and offers a comprehensive solution including payment and delivery services.

* REGISTRATION and ORDERING PROCESS

2.1. REGISTRATION

You are the sole authorized User of any account (Account) you create using the Services. Your action of registration constitutes your acceptance of the Terms of Service and the Privacy Policy. The App is not for use by anyone under the age of eighteen (18) years old. Registration is free of charge. No entitlement exists for admission to the Service. The data required for registration provided by the User must be complete and accurate. The User is responsible for updating his/her own data that can be amended at any time from the respective interface of the Service. Nearoo has no responsibility over the use of the User account and expressly disclaims any liability therefrom. Should you suspect that any unauthorized party might be using your Account, you are obligated for your own security to notify Nearoo immediately by emailing us atsupport@nearoo.ae By providing your mobile phone number to Nearoo pursuant to the use of the Service, you hereby affirmatively consent to our use of your mobile phone number for contacting you directly in order to perform the Services, including but not limited to occasionally send notifications, text messages with promotional offers, service updates and reach out to you to survey regarding the quality of our services

2.2. ORDER PLACEMENT / CONTRACTUAL RELATIONSHIP

By placing an order through the application or the website, the User confirms the accuracy of all the information he/she provides. Orders are confirmed to the User within Service interface. No contractual relationship exists between User and Nearoo. Nearoo may decide for any reason whatsoever to not accept an order and to refuse to perform it. User may schedule the order for a selected time, date as per availability of Service. You agree that Nearoo does not assume responsibility for any products, content, services, websites, advertisements, offers, or information that is provided by third parties and made available through the App. You acknowledge that Nearoo does not own or provide any of the goods or services listed on the site. The actual contract for a sale is directly between you and the retailer. Nearoo is not a party to that contract or any other contract between you and the retailer. Information about a particular good or service is supplied by the retailer. Parties to the transaction will be entirely responsible for the sales contract between them in accordance to the listing of goods, warranty of purchase and the like. As such, we accept no obligations in connection to these contracts and are not responsible for, and do not warrant or make any representations regarding any goods or services listed on the site. However, if you have problems with your order or booking, we may step in to help. If you purchase or use any such products, content, services, advertisements, offers, or information through the App, you agree that you do so at your own risk and that Nearoo will have no liability based on such purchase, use, or access. The Software shall enable you to arrange delivery services and/or delivery to purchase certain goods with third party providers of such services and goods (“Third Party Providers”). Unless otherwise agreed by Nearoo in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN DELIVERY SERVICES THROUGH THE USE OF THE SOFTWARE DOES NOT ESTABLISH NEAROO AS A PROVIDER OF DELIVERY SERVICES.

2.3. THIRD-PARTY PRODUCTS AND CONTENT

The App may contain links to other third-party sites that we do not operate or control and for which we are not responsible. We provide these links for your reference and convenience and do not endorse the contents of third-party sites and accept no responsibility for them or for any loss or damages that may arise from your use of them. You will need to make your own independent judgement about whether to use any such third-party sites, including whether to buy any products or services offered by them. You should refer to the separate terms of use, privacy policies, and other rules posted on third party sites before you use them. You agree not to create a link from any website, including any website controlled by you, to the Software.

2.4. VARIETY LIMITATIONS

The range and prices of Groceries may differ depending on the delivery location.

2.5. VOLUME LIMITATIONS

Nearoo reserves the right to limit the delivery quantity for particular products or, if needed, not to deliver a particular product at all.

2.6. AMENDING AND CANCELLING ORDERS

The User may not be able to amend the order once it has been confirmed as per the technical features provided by the Service. A confirmed order is eligible for cancellation for a limited time period until it is assigned to a picker as per the technical specifications of the Service.

2.7. INCOMPLETE ORDER FULFILLMENT / SUBSTITUTION

The primary objective of Nearoo is to deliver all the products ordered in the right quantity and to a high-quality standard. User acknowledges that the Groceries are subject to stock availability and to human errors. Nearoo reserves the right to amend your order in whole or in part, at any time and without liability or compensation remove any item that is out of stock, damaged, spoiled, or unavailable for any other reason, to successfully complete your order. It’s in our best intention to maintain the replaced item’s price the same as per the brand you ordered but in case of a higher valued replacement, the price may increase. We do our best to ensure that all items shown on our website are available to order. If, however any product you order is out of stock or unavailable we may send you a push notification enabling you to select a substitute. If an item is not delivered, despite being billed, the amount in question will be credited to the User at a reasonable time after Nearoo becomes aware of this. No subsequent delivery is obligatory to be made, and the customer is not entitled to claim any further compensation. If for any reason beyond our reasonable control, we are unable to supply a particular item, we will not be liable to the User. Please note that we will attempt to send the User push notification of substitute products in the event that selected products are unavailable, the User may reject these substitutes. Although we will always try to cater for your orders, an order of unusually large quantities of different or one product can only be fulfilled at the discretion of the Shop.

Nearoo reserves the right to forward a user order to another shop than the one initially selected from the user without informing the user in the event that the initial shop fails to fulfil the order. In this case of the new shop the total value of the goods ordered should be the same or lower than the value as per the pricelist of the initial shop. The payment method will remain the same.

* DELIVERY

3.1. DELIVERY OF GROCERIES

Groceries will be delivered directly to the delivery address specified by the User. Deliveries are performed either by the Shop personal delivery service or by a delivery partner depending on the nature of the goods and the delivery location. Goods will be delivered to the front door of private residences (as far as accessible) and to the reception desk of business Users.

3.2. DELIVERY TIMES AND ADHERENCE TO DELIVERY PERIODS

Nearoo endeavors to deliver Groceries within 60 (sixty) to 120 (one hundred twenty) minutes average delivery time location-dependent or as scheduled. Nearoo does not and cannot guarantee that the delivery time frames will be met as there may be factors outside of Nearoo’s control that may result in early or delayed deliveries. You agree that Nearoo shall not be liable for any deliveries made outside the expected delivery time frame.

3.3. DELIVERY RECEIPT/INVOICE

The shop holds the responsibility to provide the user with the receipt/invoice upon delivery.

3.4. CANCELLATION OF A DELIVERY BY NEAROO

If, for reasons beyond Nearoo’s control - such as an incorrect delivery address, the recipient's absence, lack of an access permit, bad weather conditions, or similar, it should prove impossible or possible only with great difficulty, to carry-out the delivery successfully, Nearoo is entitled to cancel the User’s order. In this event, the User is not entitled to compensation or pecuniary of in kind, however; in case of online payment, the refund will be initiated by Nearoo at the soonest possible post the cancellation of the order, it is the responsibility of the bank to transfer the amount to the users account, which takes approximately 3-7 working days.

* PRICES AND PAYMENT

Nearoo endeavors to provide you with accurate and up-to-date pricing, product availability and promotional information. Discrepancies are possible and you agree not to hold Nearoo liable in such instances.

4.1. PRICES

All prices are quoted in the country’s local currency where Nearoo is operating. For the countries where VAT is applicable the prices displayed on the app will be VAT inclusive. Where goods may be charged by weight (fruit, meat, cheese, etc.), the basic price per unit applies. The quantity of such goods actually delivered, and therefore the price charged may differ from the quantity originally ordered. For pre-packed and price-labelled fresh products, the applicable price is the one in force when the order is prepared. Nearoo reserve the right to change prices as to update them at any moment.

4.2. PAYMENT METHODS / CREDITWORTHINESS

You can choose from the following ways of paying on delivery, depending on the products, the means of dispatch and as per technical availability:

* Credit card reader on delivery

* Cash on delivery

* Online payment

* We accept payments online using Visa, MasterCard and AMEX (valid for UAE only) credit or debit card in the currency of the country where the User is located at the time of ordering.

* If you make a payment for our products or services on our website or application, the details you are asked to submit will be provided directly to our payment provider via a secured connection.

* The cardholder must retain a copy of transaction records and Merchant policies and rules.

The User can select which payment method is preferred. The payment methods available are displayed for selection when the order is finalized. If for any reason the online payment transaction is declined, Nearoo is entitled, at its sole discretion, to offer the User cash on delivery payment option or credit card reader on delivery where available.

In the event that you have paid for an order with Apple Pay, Samsung Pay or another wallet and such payment fails to process, you authorise Nearoo to charge the order in any authorised credit card you may have on our platform.

* PRODUCT DECLARATION

5.1. PRODUCT INFORMATION

We take care to update the product information in the App and its Service regularly. In rare cases, the information may deviate from the details printed on the product packaging. In such an instance, the information on the packaging takes precedence. Because recipes may change anytime, we recommend that you regularly consult the ingredients list and allergy-related information on the packaging.

* GUARANTEE of DATA COMMUNICATION

Given the current state of the technology, no guarantee can be given that data communication via the internet will be error-free and/or available at all times. Nearoo therefore accepts no liability in respect of the constant, uninterrupted availability of the online shop, nor for technical and electronic faults during sales transaction, in particular for any delay in processing or accepting orders.

* SPECIAL PRODUCT CONDITIONS

7.1. PREPAID MOBILE PHONE CREDIT

Nearoo sells mobile phone credit of various providers as for example: Etisalat and DU. Mobile phone credit should be activated as soon as possible. The activation code is valid only once. No exchanges or refunds are permitted.

* DISCOUNTS, PRIVILEGES & VOUCHERS

8.1. SPECIAL OFFERS

The User accepts that offers available from Nearoo often differ from those available from Shop sales channels.

8.2 NEAROO PLUS

Nearoo Plus is an innovative way of rewarding customers with coins in the application that can also be converted to wallet credit, vouchers, and coupon codes. Coins are distributed for eligible orders based on its value and other parameters set by Nearoo. Nearoo hold the right to review it time to time. Coin earned from 1st Jan to 30th June will expire on 31st December of same year and Coin earned from 1st July to 31st December will expire on 30th June of following year.

· Unless otherwise specified, all coupon codes or vouchers or Wallet credit must be redeemed within one calendar month from the moment they are issued/communicated.

· Nearoo Plus coins, coupon codes, vouchers and wallet credit cannot be exchanged for cash or any other alternatives and have no monetary value.

· Unless otherwise specified, all coupon codes or vouchers can only be used once per user.

· If an order, where a Nearoo Plus coupon has been used, is cancelled for any reason the coupon(s) will be reimbursed to the user, either automatically or otherwise upon the user’s request.

· If the applicable Nearoo Plus coupon code exceeds the value of the items ordered, the excessive discount shall be forfeited.

· Nearoo may reward its loyal users by adding Coins/Reward to their account. However, Nearoo may also withdraw loyalty bonuses at any point and without warning or liability.

· Any attempt to manipulate the system and use of coupons or codes by participation via any party, camouflaging identity by manipulating IP addresses, using identities other than their own or any other automated means (including systems which can be programmed to do so), will render the associated orders and use of Nearoo Plus invalid and may potentially lead to that account being deactivated or the parties responsible prosecuted within the framework of the applicable law.

8.3 REFER FRIENDS AND FAMILY (REFERRAL PROGRAM)

Refer Friends and Family is a referral program through which users can invite friends and family to use Nearoo and receive reward via wallet credit in the application once the invited users place their first order. Such wallet credit have an expiry set and reviewed by Nearoo time to time.

· Referrer is a user who invites someone to place an order through Nearoo. The referrer will receive a reward in the form of Nearoo Plus once the person invited successfully completes his/her first order; the offer is valid for new users on their first order only.

· In case of an order placed and cancelled by the user invited the referrer will not be eligible for the reward and Nearoo reserve the right to forfeit the reward.

· Nearoo reserves all rights to change the amounts communicated under the Referral Program at any point in time.

· The person ordered may or may not receive a discount on his first order placed under referral program based on Nearoo policy prevailing at the point of ordering.

* CUSTOMER SERVICE & COMPLAINTS

Nearoo Customer Service provides information regarding any questions, issues or complaints related to the Nearoo service. Users may contact Nearoo via e-mailsupport@nearoo.ae, drop a message through the app or call the customer service line (+971547744053).Missing items must be reported immediately with in 30 minutes after delivery otherwise Groceries are considered to have been accepted by User as being in perfect condition. Latent defects must be reported to Nearoo customer Service immediately after they come to light, although in these cases there are limitations of error acknowledgement.

* TIPPING

Tipping is a way Nearoo users can reward the pickers and drivers (staff) that are involved in executing their orders via the Nearoo mobile applications. Users tip the staff directly via the credit/debit card they have registered. Any tip paid by the customer via the Nearoo mobile application will be non-refundable. All tips paid by the customer will be paid in the local currency of the country from where the orders are placed.

Nearoo may subtract any transactional fees related to the online payment gateway and bank transfer cost and shall transfer the remaining amount to staff involved in the execution of each specific order periodically. Tipping is “voluntary” and at the sole discretion of each user.

Nearoo may at its sole discretion decide the exact allocation of the tip between the various staff members that contributed to the execution of the orders.

It is the sole responsibility of the picker and driver to provide accurate bank details to Nearoo via the online verification/validation form. Nearoo will not be liable in case of inaccurate information provided or incorrect bank transactions.

* NEAROO TALKIES

11.1 Our Service

The Service allows you to discover, watch, share videos and contents along with an option to purchase items mapped.

11.2 Content on the Service

The content on the Service includes videos, audio (for example music and other sounds), graphics, photos, text (such as comments and scripts), branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials (collectively, "Content”). Content may be provided to the Service and distributedby our users and Nearoo Talkies is a provider of hosting services for such Content. Content is the responsibility of the person or entity that provides it to the Service.

Creatinga Nearoo Talkies channel will give you access to additional features and functions, such as uploading videos, making comments.

11.3 Permissions and Restrictions

You may access and use the Service as made available to you, as long as you comply with this Agreement and the law.

You are not allowed to access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Service or any Content except: (a) as specifically permitted by the Service; (b) with prior written permission from Nearoo Talkies and, if applicable, the respective rights holders; or (c) as permitted by applicable law;

11.4 Your Content and Conduct

11.4.1 Uploading Content

If you have a Nearoo Talkies channel, you may be able to upload Content to the Service. You may use your Content to promote your business or artistic enterprise. If you choose to upload Content, you must not submit to the Service any Content that does not comply with this Agreement or the law. For example, the Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so.You are legally responsible for the Content you submit to the Service. We may use automated systems that analyze your Content to help detect infringement and abuse, such as spam, malware, and illegal content.

11.4.2 Rights you Grant

You retain all of your ownership rights inyour Content. In short, what belongs to you stays yours. However, we do require you to grant certain rights to Nearoo Talkies and other users of the Service, as described below.

· Licence to Nearoo Talkies

By providing Content to the Service, you grant to Nearoo Talkies a worldwide, non-exclusive, royalty-free, transferable, sublicensable licence to use that Content (including to reproduce, distribute, modify,display and perform it) for the purpose ofoperating, promoting, and improving the Service.

· Licence to Other Users

You also grant each other user of the Service a worldwide, non-exclusive, royalty-free licence to access your Content through the Service, and to use that Content (including to reproduce, distribute, modify, display, and perform it) only as enabled by a feature of the Service.

· Duration of Licence

The licences granted by you continue until the Content is removed as described below. Once removed, the licences will terminate, except where the operation of the Service, use of Content permitted before your removal, or the law requires otherwise. For example, removal of Content by you does not require Nearoo Talkies to: (a) recall Content that is being used by other users within any limited offline viewing functionality of the Service; or (b) delete copies we reasonably need to keep for legal purposes.

11.5 Right to Monetize

You grant to Nearoo Talkies the right to monetize your Content on the Service (and such monetization may include displaying ads on or within Content or charging users a fee for access). This Agreement does not entitle you to any payments. Any payments you may be entitled to receive from Nearoo Talkies under any other agreement between you and Nearoo Talkies but not limited to Nearoo Talkies Partner Program, will be treated as royalties. If required by law, Vspace Networks DMCC will withhold taxes from such payments.

11.6 RemovingYour Content

You mayremove your Contentfrom the Service at any time.You also have the option tomake a copy of your Contentbefore removing it. You must remove yourContent if you no longer have the rights required by these terms.

If we reasonably believe that any Content is in breach of this Agreement or may cause harm to Nearoo Talkies, our users, or third parties, we may remove or take down some or all of such Content. We will notify you with the reason for our action unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for Nearoo Talkies or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party, Nearoo Talkies or our Affiliates.

Copyright Protection

If you believe your copyright has been infringed on the Service, pleasesend us a notice by reporting video through application.

11.7 Account Suspension andTermination

You may stop using the Service at any time. You can alsodelete the Servicefrom your Nearoo Talkies Account, which involves closing your Nearoo Talkies channel and removing your data, withthe option to downloada copy of yourdatafirst.

Terminations and Suspensions by Nearoo Talkies for Cause

Nearoo Talkiesmay suspend or terminate your access if: (a) you materially or repeatedly breach this Agreement;(b) we are required to do so to comply with a legal requirement or a court order; or (c) we reasonably believe there has been conduct that creates liability or harm to any user, other third party, Nearoo Talkies or our Affiliates.

11.8 Terminations by Nearoo Talkies for Service Changes

Nearoo Talkies may terminate your access to all or part of the Service if Nearoo Talkies reasonably believes that its provision of the Service to you is no longer commercially viable.

11.9 Notice for Termination or Suspension

We will notify you with the reason for termination or suspension by Nearoo Talkies unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for Nearoo Talkies or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party, Nearoo Talkies or our Affiliates.

* GENERAL TERMS

12.1. DATA PROTECTION

Data collected are treated as confidential and in good faith. When registration is made, your data is collected for business and marketing purposes in the form of personal information such as last name, first name, address, email address, language preference and phone number. In addition to data explicitly entered, information is gathered automatically from the log files when you access the Services interface. Nearoo makes a distinction between master data (e.g. IP address, time and date of access) and activity data (e.g. name of file accessed, paths clicked on). For statistical purposes, this data is anonymously assessed. Nearoo may share the address, phone number, and other required info with partners for fulfillment of orders or to have CRM systems aligned.

12.2. RELEASE

YOU AGREE THAT NEITHER NEAROO NOR ITS AFFILIATES OR LICENSORS ARE RESPONSIBLE FOR THE FITNESS OR CONDUCT OF ANY SHOP. NEITHER NEAROO NOR ITS AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH THE ACTS OR OMISSIONS OF ANY SHOP. IN THE EVENT YOU HAVE A DISPUTE WITH ANY SHOP, YOU HEREBY RELEASE NEAROO AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS AND REPRESENTATIVES FROM ANY AND ALL CLAIMS, LIABILITIES, COSTS, INCLUDING WITHOUT LIMITATION ATTORNEY'S FEES, LOSS OR DAMAGE OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

12.3. USER SUBMISSIONS

Service may now or in the future permit the submission, sharing or publishing of photographs, communications or other content submitted by you and other users ("User Submissions"). Other than personally identifiable information, which is covered under the Nearoo Privacy Policy available at https://www.Nearoo.ae/privacy (http://Nearoo.ae/privacy), any User Submission transmitted or posted to this Software Applications will be considered non-confidential. In addition, by submitting any User Submission to Nearoo, you hereby grant Nearoo a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display and perform the User Submission in connection with the Services, the Support and Nearoo's business. We hereby grant each User of the Service a non-exclusive license to access their User Submissions through Service and to display and publicly perform such User Submissions as permitted through the functionality of Service and under these Terms and Conditions. In connection with the User Submissions, you agree that you will not submit material that: (i) is copyrighted, subject to privacy or publicity rights or otherwise subject to third party proprietary rights unless you are the owner of such rights or have permission from the owner to submit the material and to grant Nearoo all of the license rights granted herein; (ii) is unlawful, obscene, harassing, defamatory, libelous, pornographic, hateful, racially or ethnically offensive or is otherwise inappropriate; (iii) could damage the reputation of Nearoo or any third party; or (iv) impersonates another person. Nearoo reserves the right to remove any User Submissions at its sole discretion and without notice or liability to you or to any other person. Nearoo does not endorse any User Submission or any opinion, recommendation or advice therein, and Nearoo expressly disclaims any and all liability in connection with any User Submission. You understand and agree that you may be exposed to User Submissions that are inaccurate, offensive or otherwise objectionable, and you hereby agree to waive and hereby do waive any legal or equitable rights or remedies you may have against Nearoo with respect thereto. Nearoo may provide links to Software Applications owned or operated by third parties. Nearoo does not endorse the content or any products or services available on such Software Applications and is not responsible for such content or its security. Your linking to any other Software Applications from this Service is at your own risk.

12.4. DISCLAIMER

USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE SOFTWARE APPLICATIONS AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEAROO MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE SERVICE OR THE CONTENT OF ANY SOFTWARE APPLICATIONS LINKED TO THE NEAROO SOFTWARE APPLICATIONS. NEAROO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE NEAROO SOFTWARE APPLICATIONS OR THE SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF NEAROO'S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION THEREIN. NEAROO DOES NOT WARRANT THAT THE SOFTWARE APPLICATIONS WILL OPERATE ERROR-FREE OR THAT THE SOFTWARE APPLICATIONS AND ITS SERVER ARE FREE OF COMPUTER VIRUSES, MALWARES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE SOFTWARE APPLICATIONS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NEAROO SHALL NOT BE RESPONSIBLE FOR THOSE COSTS. NEAROO, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. NEAROO MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, SERVICE, SOFTWARE, TEXT, GRAPHICS OR LINKS. NEAROO AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.

12.5. LIMITATION OF LIABILITY

YOU AGREE THAT NEAROO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH (I) YOUR USE OF THE SERVICE; (II) THE LIABILITY OR FITNESS OF ANY CUSTOMER (III) IN CONNECTION WITH THE PERFORMANCE OF OR BROWSING IN THE SOFTWARE APPLICATIONS OR YOUR LINKS TO OTHER SOFTWARE APPLICATIONS FROM THIS SOFTWARE APPLICATIONS, EVEN IF NEAROO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER AGREE THAT NEAROO SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. IN NO EVENT SHALL NEAROO'S TOTAL LIABILITY TO YOU FOR ANY LOSSES ARISING HEREUNDER EXCEED THE AMOUNTS PAID BY YOU TO NEAROO HEREUNDER. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. SHOULD A JURISDICTION BE ADVERSE TO A LIMITATION OR EXCLUSION OF WARRANTIES, SUCH PROVISION SHALL BE DEEMED SEVERABLE FROM THIS AGREEMENT AND THE OTHER PROVISIONS SHALL REMAIN IN FULL FORCE AND EFFECT.

12.6. WAIVER

No waiver of any rights or remedies by Nearoo shall be effective unless made in writing and signed by an authorized representative of Nearoo. A failure by Nearoo to exercise or enforce any rights conferred upon us by Terms of Service shall not be deemed to be a waiver or variation of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.

12.7. CHANGE

We may modify this Agreement, our Privacy Policy and Cookies Policy at our sole discretion from time to time and without necessarily notifying you. If you disagree with any changes, you must close your account and discontinue use of the Software. Your continued use of the Software after changes to these terms means that you are consenting to the updated terms. Therefore you are encouraged to frequently visit this page in order to be updated about the changes to the Agreement. Modifications will be effective on the day they are posted.

12.8. INDEMNITY

You agree to defend, indemnify and hold harmless Nearoo and its officers, directors, employees, agents and affiliates (each, an Indemnified Party), from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys' fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from your unauthorized use of the Software Applications or from any breach by you of Terms of Service, including without limitation any actual or alleged violation of any federal, state or local statute, ordinance, administrative order, rule or regulation. Nearoo shall provide notice to you promptly of any such claim, suit or proceeding and shall have the right to control the defense of such action, at your expense, in defending any such claim, suit or proceeding.

12.9. TERMINATION

At its sole discretion, Nearoo may modify or discontinue Service, or may modify, suspend or terminate your access to Service or the Support, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to Service or the Support, Nearoo reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after your right to use the Support is terminated, your Account will remain enforceable against you. You may terminate Account at any time, however Nearoo do not guarantee its termination due to technical availability. All provisions which by their nature should survive to give effect to those provisions shall survive the termination of Account.

12.10.GOVERNING LAW AND DISPUTE RESOLUTION

Governing Law. This Agreement and your use of the Services of Nearoo are governed by and construed in accordance with the applicable laws in the country where the User is located at the time of ordering or using the Services of Nearoo

Without regards to its conflict of laws principles, If any provision of this Agreement is found to be invalid in any court having competent jurisdiction, or if any provision of this Agreement violates any applicable laws and regulations of any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

If any dispute of any kind arises between the Parties in connection with this Agreement, the Parties shall seek to resolve any such dispute by mutual consultation and in an amicable way.

If the Parties fail to resolve such dispute by mutual consultation or in an amicable way within sixty (60) days from the date of notification of one Party to the other of the existence of such dispute, the dispute shall be submitted to the exclusive jurisdiction of the competent Courts of the country where the User is located at the time of ordering or using the Services of Nearoo (excluding Free Zone courts).

The foregoing provisions of this clause are without prejudice to the right of Nearoo to seek interim relief at any time from any court of competent jurisdiction and Nearoo shall not be deemed to have breached this clause. This “Dispute Resolution” section will survive any termination of this Agreement.

12.12. NO AGENCY

No independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.

12.13. CHANGES TO THE AGREEMENT

Nearoo reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement, effective with or without prior notice. Your continued use of the Software Applications or the Support following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. Contact us If you have any comments or questions, please do not hesitate to reach out to us at support@nearoo.ae

12.14. CONTACT DETAILS

UAE | 2604, Liwa Heights 1, Jumeirah Lakes Towers, Dubai UAE, | 7744053 | Email: support@nearoo.ae