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Terms & Conditions

Effective Date: 10 Aug 2023

These terms and conditions ("Terms") govern your use of the Nearme e-commerce platform ("Platform") provided by Wariyum Technologies ("Company"). By accessing or using the Platform, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, please do not use the Platform.

  1. Definitions

    1.1. "Platform" refers to the e-commerce portal known as "Nearme," including its admin panel "Navigator" and customer portal "Storefront".

    1.2. "Store Owner" refers to individuals or entities who operate stores on the Platform.

    1.3. "Customer" refers to individuals or entities who use the Platform to browse and purchase products.

  2. Account Creation

    2.1. Navigator To access and use the services offered by Nearme you must register your account first. To complete your Account registration ("Onboarding") you need to share the following details

    • Business Name

    • Business Address

    • Contact Person

    • Contact Number

      2.1.1. You acknowledge that nearme will use the email address provided by you for account creation and for further communications.

      2.1.2. You are responsible for maintaining the security of your account credentials. Nearme will not be held liable for any loss or damage that may arise due to your inability to maintain the security of your account and password.

    2.2. Storefront Customers can access Storefront without registration. However, to create an order customer need to create an account on the platform using the provided option.

  3. Store Owners Responsibilities

    3.1. Store Owner's are responsible for the account and products uploaded to it. including accurate product descriptions, prices, and availability.

    3.2. Store owner acknowledge and agree to provide public-facing contact information, a refund policy and order fulfilment timelines on Nearme storefront.

    3.3. The materials and the goods and services you sell through the Services will be true, accurate, and complete, and will not violate any applicable laws, regulations or rights of third parties. For the avoidance of doubt, "Platform" or "Company" will not be the seller or merchant or record and will have no responsibility for your Store or items sold to customers through the Services.

  4. Nearme Rights

    4.1. The "Platform" is have a range of features and functionalities. Not all Services or features will be available to all "Store Owner" at all times and we are under no obligation to make any Services or features available in any jurisdiction. Except where prohibited in these Terms of Service or by applicable law, we reserve the right to modify the Services or any part thereof for any reason, without notice and at any time.

    4.2. We reserve the right to provide our "Platform" to your competitors and make no promise of exclusivity, although they may not use your Confidential Information (as defined in Section 5) in doing so.

  5. Confidentiality

    5.1. "Confidential Information" encompasses all non-public information related to a party's business, which may include but is not limited to specific business data, technical procedures, software, customer details, product designs, financial information, business strategies, and any other undisclosed proprietary information. Nearme's Confidential Information includes any non-public data concerning Nearme or its Services, including security practices and protocols, that is not publicly known.

  6. Limitation of Liability

    6.1. The "Company" shall not be liable for any direct, indirect, incidental, special, or consequential damages resulting from your use or inability to use the "Platform".

    6.2. "Store Owner" will be responsible for any breach of the Terms of Service by your affiliates, agents or subcontractors and will be liable as if it were your own breach.

    6.3. Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.

    6.4. The "Company" cannot guarantee uninterrupted, timely, secure, or error-free Services.

    6.5. The "Company" holds no responsibility for any tax obligations or liabilities associated with your use of Shopify's Services.

  7. Termination

    7.1. The "Company" reserves the right to terminate or suspend your access to the "Platform" at its discretion.

    7.2. You may cancel your Account and terminate the Terms of Service at any time by contacting "Company".

    7.3. Upon termination of the Services by either party for any reason:

    7.3.1. Platform will cease providing you with the Services and you will no longer be able to access your Account.

    7.3.2. Any outstanding balance owed to platform for your use of the Services through the effective date of such termination will immediately become due and payable in full.

    7.3.3. Your Store will be taken offline.

    7.3.4. If you purchased a domain name through Company, upon cancellation your domain will no longer be automatically renewed. Following termination, it will be your sole responsibility to handle all matters related to your domain with the domain provider.