Terms of service
Last updated on: 01 March 2021
These Terms constitute a binding and enforceable legal contract between the Company and a User (as defined below) or any end user of the Services (collectively, “you”). You represent and warrant that you (a) have full legal capacity and authority to agree and bind yourself to these Terms, (b) are 18 (eighteen) years of age or older, and (c) are an Indian resident. If you represent an entity, organisation, or any other legal person, you confirm and represent that you have the necessary power and authority to bind such entity, organisation, or legal person to these Terms.
This Terms of Service (“Terms of Service”) describes the policies and procedures on the collection, use, disclosure and protection of your information when you use our website located at nearmarket.in, or the NearMarket mobile application made available by NM Shopping Technologies LLP (“NearMarket”, “Company”, “we”, “us” and “our”), a private company established under the laws of India having its registered office at 2nd Floor,Manatti Tower, Manna, Taliparamba, Kannur, Kerala 670141.
“Nearmarket App” (the “App”) available on Google Play Store, iOS and other similar platforms and also operates a website (the “Website”). The App and the Website shall be together referred to as the “Platform”. These terms and conditions (“Terms”) govern the use of or access to the Platform and the Services (as defined below).
The Company reserves the right to make changes to these Terms by posting the new/updated version and your continued use and/or non-deletion of the Platform shall indicate your agreement to such changes. Accordingly, we encourage you to kindly continue to review the Terms whenever accessing or using the Platform so as to be abreast with the changes that we may be carrying out to these Terms. By using the Services, you agree that you have read, understood, and are bound by these Terms, and that you comply with the requirements listed herein. If you do not agree to all of these Terms or comply with the requirements herein, please do not access the Platform or use the Services.
YOUR CONSENT: By using the NearMarket Platform and the Services, you agree and consent to the collection, transfer, use, storage, disclosure and sharing of your information as described and collected by us in accordance with this Policy. If you do not agree with the Policy, please do not use or access the NearMarket Platform.
POLICY CHANGES: We may occasionally update this Policy and such changes will be posted on this page. If we make any significant changes to this Policy we will endeavour to provide you with reasonable notice of such changes, such as via prominent notice on the NearMarket Platform or to your email address on record and where required by applicable law, we will obtain your consent. To the extent permitted under the applicable law, your continued use of our Services after we publish or send a notice about our changes to this Policy shall constitute your consent to the updated Policy.
LINKS TO OTHER WEBSITES: The NearMarket Platform may contain links to other websites. Any personal information about you collected whilst visiting such websites is not governed by this Policy. NearMarket shall not be responsible for and has no control over the practices and content of any website accessed using the links contained on the NearMarket Platform. This Policy shall not apply to any information you may disclose to any of our service providers/service personnel which we do not require you to disclose to us or any of our service providers under this Policy.
INFORMATION WE COLLECT FROM YOU: We will collect and process the following information about you: Information you give us - This includes information submitted when you: Create or update your NearMarket account, which may include your name, email, phone number, login name and password, address, payment information. If you sign in to the NearMarket Platform through third-party sign-in services such as Facebook, Google Plus or Gmail or any other social networking or similar site (collectively, “SNS”), an option of which may be provided to you by NearMarket at its sole discretion, you will be allowing us to pass through and receive from the SNS your log-in information and other user data; or Provide content to us, which may include reviews, ordering details and history, favorite vendors, special merchant requests, contact information of people you refer to us and other information you provide on the NearMarket Platform (“Your Content”).
Use our Services: we may collect and store information about you to process your requests and automatically complete forms for future transactions, including (but not limited to) your phone number, address, email, billing information and credit or payment card information. Correspond with NearMarket for customer support; Participate in the interactive services offered by the NearMarket Platform such as discussion boards, competitions, promotions or surveys, other social media functions or make payments etc., or Enable features that require NearMarket's access to your address book or calendar; Report problems for troubleshooting. If you sign up to use our Services as a merchant or a delivery partner, we may collect location details, copies of government identification documents and other details (KYC), call and SMS details.
Information we collect about you - With regard to each of your visits to the NearMarket Platform, we will automatically collect and analyse the following demographic and other information: When you communicate with us (via email, phone, through the NearMarket Platform or otherwise), we may maintain a record of your communication; Location information: Depending on the Services that you use, and your app settings or device permissions, we may collect your real time information, or approximate location information as determined through data such as GPS, IP address; Usage and Preference
Device Information: We may collect information about the devices you use to access our Services, including the hardware models, operating systems and versions, software, file names and versions, preferred languages, unique device identifiers, advertising identifiers, serial numbers, device motion information and mobile network information.Analytics companies may use mobile device IDs to track your usage of the NearMarket Platform;
Stored information and files: NearMarket mobile application (NearMarket app) may also access metadata and other information associated with other files stored on your mobile device. This may include, for example, photographs, audio and video clips, personal contacts and address book information. If you permit the NearMarket app to access the address book on your device, we may collect names and contact information from your address book to facilitate social interactions through our services and for other purposes described in this Policy or at the time of consent or collection. If you permit the NearMarket app to access the calendar on your device, we collect calendar information such as event title and description, your response (Yes, No, Maybe), date and time, location and number of attendees. If you are a partner restaurant, merchant or a delivery partner, we will,
additionally, record your calls with us made from the device used to provide Services, related call details, SMS details location and address details.
Information we receive from other sources - We may receive information about you from third parties, such as other users, partners (including ad partners, analytics providers, search information providers), or our affiliated companies or if you use any of the other websites/apps we operate or the other Services we provide. Users of our Ad Services and other third-parties may share information with us such as the cookie ID, device ID, or demographic or interest data, and information about content viewed or actions taken on a third-party website, online services or apps. For example, users of our Ad Services may also be able to share customer list information (e.g., email or phone number) with us to create customized audience segments for their ad campaigns.
USES OF YOUR INFORMATION: We use the information we collect for following purposes, including: To provide, personalize, maintain and improve our products and services, such as to enable deliveries and other services, enable features to personalize your NearMarket account; To carry out our obligations arising from any contracts entered into between you and us and to provide you with the relevant information and services;
To administer and enhance the security of our NearMarket Platform and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes; To provide you with information about services we consider similar to those that you are already using, or have enquired about, or may interest you. If you are a registered user, we will contact you by electronic means (e-mail or SMS or telephone) with information about these services; To understand our users (what they do on our Services, what features they like, how they use them, etc.), improve the content and features of our Services (such as by personalizing content to your interests), process and complete your transactions, make special offers, provide customer support, process and respond to your queries; To generate and review reports and data about, and to conduct research on, our user base and Service usage patterns; To allow you to participate in interactive features of our Services, if any; or To measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you.
We analyze the log files of our NearMarket Platform that may contain Internet Protocol (IP) addresses, browser type and language, Internet service provider (ISP), referring, app crashes, page viewed and exit websites and applications, operating system, date/time stamp, and clickstream data. This helps us to administer the website, to learn about user behavior on the site, to improve our product and services, and to gather demographic information about our user base as a whole.
DISCLOSURE AND DISTRIBUTION OF YOUR INFORMATION: We may share your information that we collect for following purposes:
With Service Providers: We may share your information with our vendors, consultants, marketing partners, research firms and other service providers or business partners, such as Payment processing companies, to support our business. For example, your information may be shared with outside vendors to send you emails and messages or push notifications to your devices in relation to our Services, to help us analyze and improve the use of our Services, to process and collect payments. We also may use vendors for other projects, such as conducting surveys or organizing sweepstakes for us.
With Partner Restaurants/Merchant: While you place a request to order food through the NearMarket Platform, your information is provided to us and to the restaurants/merchants with whom you may choose to order. In order to facilitate your online food order processing, we provide your information to that restaurant/merchant in a similar manner as if you had made a food order directly with the restaurant. If you provide a mobile phone number, NearMarket may send you text messages regarding the order’s delivery status.
With Other Users: If you are a delivery partner, we may share your name, phone number and/or profile picture (if applicable), tracking details with other users to provide them the Services.
For Internal Use: We may share your information with any present or future member of our “Group” (as defined below)or affiliates for our internal business purposes. The term “Group” means, with respect to any person, any entity that is controlled by such person, or any entity that controls such person, or any entity that is under common control with such person, whether directly or indirectly, or, in the case of a natural person, any Relative (as such term is defined in the Companies Act, 1956 and Companies Act, 2013 to the extent applicable) of such person.
We may share your information other than as described in this Policy if we notify you and you consent to the sharing.
DATA SECURITY PRECAUTIONS: We have in place appropriate technical and security measures to secure the information collected by us. We use vault and tokenization services from third party service providers to protect the sensitive personal information provided by you. The third-party service providers with respect to our vault and tokenization services and our payment gateway and payment processing are compliant with the payment card industry standard (generally referred to as PCI compliant service providers). You are advised not to send your full credit/debit card details through unencrypted electronic platforms. Where we have given you (or where you have chosen) a username and password which enables you to access certain parts of the NearMarket Platform, you are responsible for keeping these details confidential. We ask you not to share your password with anyone. Please we aware that the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted through the NearMarket Platform. Once we have received your information, we will use strict physical, electronic, and procedural safeguards to try to prevent unauthorised access. We have no association with WhatsApp, so we're not involved in any of the data sharing or it's related services.
OPT-OUT When you sign up for an account, you are opting in to receive emails from NearMarket. You can log in to manage your email preferences [here] or you can follow the “unsubscribe” instructions in commercial email messages, but note that you cannot opt out of receiving certain administrative notices, service notices, or legal notices from NearMarket. If you wish to withdraw your consent for the use and disclosure of your personal information in the manner provided in this Policy, please write to us at [[email protected]]. Please note that we may take time to process such requests, and your request shall take effect no later than 10 (Ten) business days from the receipt of such request, after which we will not use your personal data for any processing unless required by us to comply with our legal obligations. We may not be able offer you any or all Services upon such withdrawal of your consent.
GRIEVANCE OFFICER AND NearMarket PLATFORM SECURITY: If you have any queries relating to the processing or usage of information provided by you in connection with this Policy, please email us at [email protected] Further, please note that the NearMarket Platform stores your data with the cloud platform of leaseweb which may store this data on their servers located outside of India. Leaseweb has security measures in place to protect the loss, misuse and alteration of the information.