Last updated at August 22nd, 2020
These General Conditions of use apply to all services provided by Nearz. Nearz owns and operates the site in India.
Defined Terms
“Nearz” is an application from TechWitz IT Solutions Pvt Ltd which is a start up registered in Dehradun, India.
“Booking” means scheduling a time slot at a salon for getting salon services.
“Conditions” mean these General Conditions of Use, including the Good Conduct Charter and Privacy Policy of Nearz as notified on the Site.
“Cost Contribution” means the amount agreed between the Salon Owner and the Customer in relation to the Booking which is payable by the Customer as their contribution towards the services taken at Salon.
“Customer” means a member who has selected services and booked a service at any salon.
“Salon” means the shop offering salon services by a Salon Owner.
“Salon Owner” means a member owning a salon or salon chain offering his salon services to be booked online.
“Member” refers to a registered user of the Site.
“Service” refers to any service provided by Nearz through the Site to any Member.
“Site” means Nearz Android or iOS App or any other website maintained or operated by Nearz which offers similar services including any microsites or sub-sites offered through any such website.
“User Account” means an account with the Site opened by a Member and used in order to access the Service provided by Nearz through the Site.
The Conditions apply to any and all use of the Site by a Member. By using the Site, the Members signify their acceptance to these Conditions in full and agree to be bound by them .
No access to the Services will be permitted unless the Conditions are accepted in full. No Member is entitled to accept part only of the Conditions. If a Member does not agree to the Conditions, such Member may not use the Services.
All Members agree to comply with the Conditions and accept that their personal data may be processed in accordance with the Privacy Policy.
In the event that any Member fails to comply with any of the Conditions, Nearz reserves the right, but not the obligation at its own discretion, to withdraw the User Account in question and suspend or withdraw all Services to that Member without notice.
Nearz reserves the right to modify the Conditions at any time. In addition, Nearz may vary or amend the Services provided through the Site, the Site functionality and/ or the “look and feel” of the Site at any time without notice and without liability to Members.
Any modification to the Site, Services or Conditions will take effect as soon as such changes are published on the Site, subject to communication of any material change to the Conditions to the Members in an e-mail.
Members will be deemed to have accepted any varied Conditions in the event that they use any Services offered through the Site following publication of the varied Conditions. Changes will not apply to any bookings which have been made prior to publication of the varied Conditions.
In order to use the Services each Member must create a User Account and agrees to provide personal information requested by Nearz. In particular, Members will be required to provide their name and mobile number.
Members agree and accept that all of the information they provide to Nearz when setting up their User Account and at any other time shall be true, correct, complete and accurate in all respects. Members also agree that any information supplied to Nearz or posted on the Site in connection with any Booking, Service or Offer will be true, accurate and complete.
Members agree and understand that Nearz does not undertake any verification to confirm the accuracy of any information provided by the Members on the Site or to a Salon Owner or Customer, as the case maybe. Nearz will not be liable to any Member in the event that any information provided by another Member is false, incomplete, inaccurate, misleading or fraudulent.
Unless expressly agreed by Nearz, Members are limited to one User Account per Member. No User Account may be created on behalf of or in order to impersonate another person.
Even though the Nearz provides free of charge service to search and book appointments with the salon service provider, the salon services will charge as per the Cost Contribution. Nearz has no control or concern with the fees and costs charged by salon owners listed on the Site or informed by the call centre team. The charges incurred for any salon services rendered by collaborating salon owners profiled on the Site will apply and will be entirely your responsibility.
In addition, Nearz has all the rights to levy any penalties for non-standard behaviour including consistent 'No-Shows'. In any case, Nearz will warn the user for any such impending penalties. This is done to discourage and/or stop any person and/or entity jeopardising the true intent of our service.
The Site and the Services are strictly limited to providing a Service for Salon Owners and Customers to sell/buy salon services in a private capacity. The Services may not be used to offer or accept salon services for hire or reward or for profit or in any commercial or professional context. The Services may be used only to offer or accept Booking in exchange for sharing the cost of the services between the Salon Owner and the Customer.
All Bookings, collection points and destinations must be pre-agreed through the Site between the Salon Owner and Customer. Salon Owners may not provide salon services which have not been pre-agreed with the Customer through the Site.
Status of Nearz
Neither Nearz nor the Site provides any salon services. Nearz App is a communications platform for Members to transact with one another. Nearz does not interfere with Salon, services or timings. The agreement for slot booking is between the Salon Owner and the Customer. Nearz is not a party to any agreement or transaction between Members, nor is Nearz liable in respect of any matter arising which relates to a booking between Members. Nearz is not and will not act as an agent for any Member.
Any breach of these Conditions will give rise to immediate suspension of such Member’s User Account and they may be restricted from accessing any further Services.
Nearz offers to its Members an online booking service (hereinafter, the “Booking Service”) with a view to facilitate the booking of seats by Customers.
Nearz reserves the right not to offer the Booking Service due to: (i) changes to applicable law, changes in the practice of regulatory authorities or changes in case law, (ii) changes to market practices or technology changes, (iii) changes of business considerations underlying the Booking Services, and (iv) other important and valid reasons
Nearz reserves the right to limit the number and/or class of Members eligible to the Booking Service.
The Customer books slot in the Salon after selecting all the services that one wants to buy from the Site exclusively by clicking on the button « Book » (hereinafter, the “Booking”).
Nearz will then send a notification confirmation to each of the Salon Owner and the Customer confirming the Booking (hereinafter, the “Booking Confirmation”). Once a Booking Confirmation has been sent, the Booking is complete.
Members accept that given the nature of the service Salon Owners and Customers will have no recourse to Nearz for any aspect of the transaction including in relation to cancellation, last minute changes, failure by the Salon Owner or the Customer to turn up or non-payment of the Cost Contribution. In particular it is the Salon Owner’s responsibility to collect payment from the Customer at the time of the Booking.
Nearz will not contact either party and will take no other steps whatsoever than those described above to manage the booking. The operation of the Bookings is solely managed by the respective Salon Owner and Customer(s).
Please note that Nearz reserves the right to change any aspect of the Site or the Service which may include adding new services (which may require payment) or withdrawing any existing Services. Nearz does not guarantee that the Site will be functional at all times and Services may be suspended during such periods when the Site is not in operation. Nearz will not be liable to any of the Members in case where the Site is non-operational.
Salon Owner’s obligations
The Salon Owner agrees:
That the information provided shall not be for any fraudulent, unlawful or criminal activity.
That either they will own the Salon Shop, or a rental agreement against the shop.
That they will present themselves on time and at the place agreed with the specified Booking;
That they will immediately inform all Customers of any change whatsoever to the Booking. If one or more Customers have made a booking and the Salon Owner decides to change any aspect of the Booking, the Salon Owner undertakes to contact all Customers who have made a booking in relation to that Salon shop and to obtain the agreement of all Customers to the change. If a Customer refuses the change, they are entitled to a full refund and without any compensation being paid to the Salon Owner.
The Salon Owner must comply with the Good Conduct Charter at all times.
The Salon Owner must wait for the Customer to avail his booking at least 10 minutes after the agreed time (however, the Customer is expected to be punctual).
Customer obligations
The Customer agrees:
That the Booking shall not be for any fraudulent, unlawful or criminal activity.
That they will present themselves on time and at the place agreed with the Salon Owner;
That they will immediately inform the Salon Owner or Nearz if they are required to cancel a Booking.
That they will comply with the Good Conduct Charter at all times.
The Customer agrees to wait for the service for at least 30 minutes after the agreed time for the Salon Owner to arrive.
That they will pay the Cost Contribution to the Salon Owner.
If the Customer or Salon Owner fails to comply with any of these terms or any other Conditions Nearz reserves the right to keep information relating to the breach, to publish or disclose this information on the Member’s online profile and to suspend or withdraw the Member’s access to the Site.
That they shall ensure that all other persons who accompany the Customer in the Booking comply with these Conditions as applicable to a Customer.
Nearz may at its sole discretion provide its Members with an online service for resolving disputes. This service is non-binding. Nearz is under no obligation to seek to resolve disputes and this service is offered at Nearz sole discretion and may be withdrawn at any time.
By accepting the terms and conditions contained herein, every Member or any person who wishes to register as a Member hereby agrees and consents to the fact that Nearz may collect Social IDs or mobile number to register to site.
In order to increase trustworthiness, prevent typos and wrong numbers, Members may verify their mobile number. The Member may do this by providing Nearz with their mobile phone number, after which the Member will receive a SMS with a 4-digit code which can be validated on the Site. This service is free of charge, except for the possible cost levied by a Member’s mobile phone operator for receiving the SMS.
Nearz provides customer numbers to Members in case needed for any further confirmation.
By using the Site and accepting the T&C’s, the Member agrees that Nearz, in its sole discretion, may review, analyse and moderate the calls exchanged through the Site.
By using the calling feature of the Site, the Member undertakes not to call and/or send any message prohibited by applicable law. In particular the Member undertakes to refrain from calling/sending any message which content:
In addition, the Member undertakes to send messages only with respect to the booking of Appointment Booking and in line with the purposes of this Site. The Member undertakes to refrain from using the messages for private or confidential communications.
By accepting the terms and conditions contained herein, every Member hereby agrees and gives consent to Nearz to communicate via phone calls, sms, email and such other means as Nearz may deem fit. Such communications to Members may be recorded through technical support provided by third parties for the purpose of training, quality and for regularly updating the Members about the services of Nearz.
3.1 Members may access the Services on the Site at their own risk and use their best and prudent judgment before entering into any arrangements with other Members through the Site. Nearz will neither be liable nor responsible for any actions or inactions of Members nor any breach of conditions, representations or warranties by the Members. Nearz hereby expressly disclaims and any and all responsibility and liability in arising out of the use of the Site.
3.2 Nearz expressly disclaims any warranties or representations (express or implied) in respect of Bookings, accuracy, reliability and completeness of information provided by Members, or the content (including details of the Booking and Cost Contribution) on the Site. While Nearz will take precautions to avoid inaccuracies in content of the Site, all content and information are provided on an as is where is basis, without warranty of any kind. Nearz does not implicitly or explicitly support or endorse any of the Members availing Services from the Site.
3.3 Nearz is not a party to any agreement between a Salon Owner and Customer and will not be liable to either the Salon Owner or the Customer unless the loss or damage incurred arises due to Nearz’s negligence.
3.4 Nearz shall not be liable for any loss or damage arising as a result of:
A false, misleading, inaccurate or incomplete information being provided by a Member;
The cancellation of a Booking by a Salon Owner or Customer;
Any failure to make payment of a Cost Contribution (for the free service without booking);
Any fraud, fraudulent misrepresentation or breach of duty or breach of any of these Conditions by a Salon Owner or Customer before, during or after a Booking.
Nearz will not be liable to any Member for any business, financial or economic loss or for any consequential or indirect loss such as lost reputation, lost bargain, lost profit, lost of anticipated savings or lost opportunity arising as a result of the services provided by Nearz (whether suffered or incurred as a result of the Nearz’s negligence or otherwise) except in the case of fraud, wilful concealment or theft.
Nearz will not be liable to any Member in relation to any Booking unless Nearz is notified of a claim relating to that Booking within 3 months of completion of the Booking.
4.1 Members will indemnify and hold harmless Nearz, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of your breach of these Conditions or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
4.2 Members release Nearz and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the Members and specifically waiver any claims or demands that they may have in this behalf under any statute, contract or otherwise.
No arrangement between the Members and Nearz shall constitute or be deemed to constitute an agency, partnership, joint venture or the like between the Members and Nearz.
In the event of non-compliance on your part with all or some of the Conditions, you acknowledge and accept that Nearz can at any time, without prior notification, interrupt or suspend, temporarily or permanently, all or part of the service or your access to the Site (including in particular your User Account).
The format and content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Nearz, its affiliates or its content suppliers and is protected by India copyright, authors’ rights and database right laws.
All rights are reserved in relation to any registered and unregistered trademarks (whether owned or licensed to Nearz) which appear on the Site.
The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Nearz. No person is entitled to systematically extract and/or re-utilise parts of the contents of the Site without the express written consent of Nearz. In particular, the use of data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this Site is strictly prohibited.
By displaying content on this Site, Members expressly grant a license to Nearz to display the content and to use it for any of our other business purposes.
Members of this Site are expressly asked not to publish any defamatory, misleading or offensive content or any content which infringes any other persons intellectual property rights (e.g. copyright). Any such content which is contrary to Nearz’s policy and Nearz does not accept liability in respect of such content, and the Member responsible will be personally liable for any damages or other liability arising and agrees to indemnify Nearz in relation to any liability it may suffer as a result of any such content. However as soon as Nearz becomes aware of infringing content, Nearz shall do everything it can to remove such content from the Site as soon as possible.
Nearz reserves the right to reproduce any information that appears on the Site or on the partner sites.
In particular, ads published on one of the sites maintained or co-maintained by Nearz may be reproduced on other sites maintained or co-maintained by Nearz or third parties.
These terms shall be governed by the law of India and any disputes arising in relation to these terms shall be subject to the jurisdiction of the Courts of New Delhi.