Terms & Conditions

1. Object

Neara is a technology company whose main activity is the development and management of a technology platform through which certain local stores (hereinafter, the “Merchants”) in a number of territories can offer their products and/or services on the APP and, in an ancillary manner, where applicable and if so requested through the APP by the Users of the APP and consumers of the said local stores, act as an intermediary for the planned or immediate delivery of the products by third parties (hereinafter, the “Mandataries”). Mandataries are thus a network of people who offer their services through the APP. When they wish to provide their services, they log onto the Neara APP and undertake to carry out within a certain amount of time the service entrusted to them by the User.

In addition, Neara is a multi-category Technology Platform for intermediation in the contracting of “on demand” services by electronic means. Its aim is to make it easier for any persons requiring help with their errands, services, purchases in person and/or collection of products from local merchants to carry out their errands by delegating to them to third parties, the Mandataries, who are willing to voluntarily carry out the mandate given to them by Users.

In all cases, Neara’s role is that of a mere intermediary and, therefore, its sole responsibility and task is to manage the APP that facilitates the contact between User, Merchant and Mandatary. Neara is in no way responsible for the products and/or services offered through the APP, or the performance of any errand or delivery requested through the APP, all in accordance with Section 11 on Responsibilities and Warranties.

By accessing the Site and/or the APP and voluntarily creating a profile, all Users, Merchants and Mandataries acknowledge and expressly and unambiguously agree to these General Terms, as well as to the Privacy Policy and the Cookie Policy available online. Any User, Merchant and/or Mandatary who does not agree with the said General Terms and/or Policies shall refrain from using them.

2. User Access and Registration

2.1. Basic requirements for Registration

In order to be a User of the APP, it is essential that you meet the following requirements:

• Users must be at least 18 years of age.
• Users must truthfully complete the mandatory fields of the registration form requesting personal details such as the User’s name, e-mail address, telephone number and bank card number.
• Users must carefully read these General Terms when accessing the APP. Further, acceptance of the General Terms is an essential step to be taken before registration.
• Users must agree to the Privacy and Data Protection Policy.
• Users must agree to the Cookie Policy.
• Users must agree to the Standards of Ethics and Business Conduct for Third Parties available on the app or websites redirected toby Neara

Once all requirements are fulfilled and registration on the APP is completed, Neara will provide the User with the registration confirmation, together with any other information necessary in accordance with the law applicable.

All Users who may be classified under the applicable law as “consumers” benefit and are protected by all relevant consumer protection laws and regulations when using the APP.

2.2. Users’ Profile and responsibilities

When registering on the APP, Users must choose a username and password. Both the username and the password are strictly confidential, personal and non-transferable. In order to increase the security of accounts, Neara recommends that Users do not use the same login credentials as on other platforms. In any case, Neara does not guarantee the security of the account or profile.

In order to complete their registration on the APP, Users must provide certain details, such as: username, e-mail address, telephone number and bank card details, among others. Once they have completed the registration process, all Users will be able to access, complete and edit their profile as they deem appropriate. Neara does not store users’ payment data, which shall be processed and stored by the payment service provider as described in these General Terms and in the Privacy Policy.

The User warrants that all the information regarding his/her identity and capacity provided to Neara in the registration forms for the APP is true, accurate and complete. In addition, Users undertake to keep their details up to date. If a User provides any false, inaccurate or incomplete information or if Neara considers that there are well founded reasons to doubt the truthfulness, accuracy or integrity of such information, Neara may deny that User current or future access to, and use of, the APP or any of its contents and/or services.

Users undertake not to disclose the details of their account or allow access thereto to third parties. Users shall be solely responsible for any use of such details or of the services of the Site that may be made by third parties, including the statements and/or contents entered on the APP, or for any other action carried out under their username and/or password. Neara cannot guarantee the identity of registered Users, and it will therefore not be liable for the use by unregistered third parties of a registered User’s identity. Users undertake to inform Neara immediately, using the communication channels made available by Neara, if their credentials are stolen, disclosed or lost.

2.3. User’s obligations and responsibilities

Users are fully responsible for the proper use of, and access to, their profile and other APP contents in accordance with the current legislation, be it national or international, of the Country from which they are using the APP, as well as with the principles of good faith, morals, generally accepted customs and public order. Specifically, they undertake to diligently comply with these General Terms of Use.

Users are the sole owners of the content entered by them on the APP. Neara may not be deemed to have editorial responsibility, and it expressly states that it does not identify with any opinions that may be issued by Users of the APP, whose consequences shall be the sole responsibility of their issuers.

Users shall refrain from using their profile and other APP contents for illegal purposes or with illegal results that harm third-party rights and interests or that may in any way damage, disable, affect or impair the APP and its contents and services. In addition, they are prohibited from hindering other Users’ normal use or enjoyment of the APP.

Any persons who breach the above obligations shall be liable for any loss or damage caused by them. Neara will accept no liability for any consequences, loss or damage that may arise from such illegal use or access by third parties.

In general, Users undertake, by way of example without limitation:

• To refrain from altering or modifying the APP, in full or in part, by bypassing, disabling or in any other way tampering with, its functions or services;
• To refrain from infringing industrial and intellectual property rights or the personal data protection legislation;
• To refrain from using the APP to insult, defame, intimidate or harass other Users or attack their image;
• To refrain from accessing other Users’ email accounts;
• To refrain from introducing computer viruses, corrupted files or any other software that may cause damage or alterations to Neara’s or third parties’ contents or systems;
• To refrain from sending mass and/or recurring emails to a number of people, or from sending third parties’ e-mail addresses without their consent;
• To refrain from advertising goods or services without Neara’s prior consent.
• Any User may report another User if he/she believes that the latter is in breach of these General Terms. Similarly, any User may inform Neara of any abuse or infringement of these terms through the Help section of the APP. Neara will check such reports as soon as possible and will take any steps that it may deem appropriate, reserving the right to remove and/or suspend any User from the APP for breach of these General Terms. Furthermore, Neara reserves the right to remove and/or suspend any message with illegal or offensive content without the need for a prior warning or subsequent notification.

2.4. User reviews

Neara may collect reviews of Users relating to certain Merchants and/or the products or services offered by them. Neara reserves the right to publish the said reviews in the APP and make them available for any other User, identifying them by the first name of the User who has left the review, all in accordance with Neara’s Privacy Policy.

The Users will be asked through the APP to provide the said review, only in the case that they have placed an order via the APP to the relevant Merchant. The provision will, nevertheless, be completely voluntary for the User who may or may not submit it. By submitting a review, the User accepts its collection and publication, if that is the case, by Neara.

Length of the reviews may be limited by a certain number of characters. In addition, the User commits to leave relevant reviews only, and which are in no way offensive, abusive, untrue, discriminatory, etc either for the Merchant or for any other User or Mandatary. Neara reserves the right to filter the reviews according to section 8 of these General Terms and to remove any review that is not compliant with these General Terms or that may be considered offensive or contrary to the law and public order.

2.5. Credit Card Theft or Appropriation

Since Neara cannot guarantee the identity of registered Users, Users are under an obligation to inform Neara if they have evidence that the credit card associated with their Neara profile has been stolen and/or is being fraudulently used by a third party. Neara, together with payment service provider, will make its best efforts to block further payments when duly informed by the User; however, Neara will not be liable for any fraudulent use thereof that may be made by third parties on the User’s account and it is neither obliged to make any investigation on the fraudulent use of the Users’ payment methods by third parties nor to block any suspectful transaction. Neara suggests that Users report any theft, robbery or suspected misuse of their credit card to the police. If necessary, Neara undertakes to assist Users and cooperate with the competent authorities as may be necessary to provide reliable evidence of the wrongly applied charge.

In the event of fraud, Neara reserves the right to take any appropriate action if it has been detrimentally affected by the misuse of the APP.

2.6. De-registration and cancellation of Users’ accounts

Users may voluntarily deregister from the APP using the Help Section of the APP.

In addition, Neara reserves the right to suspend and/or cancel any Users’ accounts in the APP in the case that it takes notice that it has stopped complying with all basic requirements for registration as well as in case of reasonable suspicion of fraudulent or illicit use, including the use of the User account in a manner which is contrary to these General Terms.

3. Operation of the Service & Service Models

Neara, as a multi-category Technology Platform allows Users who are duly registered in the APP to place different types of orders. By accessing the APP, the Users may buy products and/or services directly from the Merchants and, ancillarily, request the collection and subsequent delivery of the product, by the Mandataries, from the Merchants’ addresses to the address established by the User or choose to directly collect the order from the Merchant’s store through the IN-STORE or PICK-UP options defined below(hereinafter, the “Merchants model”), provided that they are within the territory in which Neara operates. Similarly, a User may ask a Mandatary to either perform errands and/or purchase products in person on his/her behalf and to collect them from, and deliver them to, the addresses specified (hereinafter, the “Percentage” model), as well as to perform on-demand deliveries on behalf of the User (hereinafter, the “Courier” model).

3.1. The Merchants model

Through the Merchants model the Users have access to the marketplace available in the APP and may acquire the products and/or services therein offered by those Merchants who have signed an agreement with Neara. Additionally, the User may request via the APP the delivery of the acquired products by any Mandatary available and who accepts the order to any address within the area covered by the relevant Merchant and Mandatary.

The User is aware, and accepts, that the descriptions and, where applicable, the prices or photographs of the products and/or services available on the APP, are provided based on the information and documents supplied by the Merchants, and that Neara is therefore unable to provide any guarantees against any possible inaccuracies in such descriptions, prices and/or photographs. Neara reserves the right to withdraw any product from its APP, as well as to modify the contents of its information sheet at any time, without thereby incurring any liability of any kind.

The User accepts that all the products appearing on the Neara APP are subject to availability and, in this regard, accepts the possibility that, while carrying out the order, the product and/or service may be found not to be available at the establishment.

The User accepts that Neara is, in no way responsible, for the quality and/or characteristics of the products or services offered by the Merchants and/or by the Mandataries, who are professionals dedicated to the provision of the products or services offered through the APP. The Merchants and/or the Mandataries are, similarly, responsible for the obtention of any licence or permit that may be legally required for the provision and offer of the said goods or services and, by offering them through the APP, the Merchants and/or Mandataries declare to have duly obtained them.

IN-STORE and PICK-UP Orders

Users have the option of ordering, through the PICK-UP and/or IN-STORE option(s), a selection of products and/or services offered by certain Merchants. These options enable Users to physically collect orders from the Merchant’s establishments themselves. These options will only be available through those establishments for which this option has been enabled and in the countries selected by Neara. Furthermore, such services will only be available to private individuals, and only for their own private use. They may in no event be offered for commercial use.

Neara may enable, disable and/ or include new features relating to the PICK-UP and IN-STORE orders unilaterally at any time by giving prior notice to Users, if and as required by the applicable law. Once the changes have been published in these General Terms, they will apply to all those Users.

Without prejudice to the additional application of these General Terms to all matters not expressly envisaged in this section, the PICK-UP and IN-STORE services may only be used if the specific provisions set forth in this section are fulfilled.

A) IN-STORE Orders

Where so enabled for IN-STORE orders in the application, Users may place orders directly from those restaurants that have chosen to include this option and pick them up in-store at that moment.

How does the IN-STORE service work?

1. To use the IN-STORE service, Users must scan the QR code that will be displayed in a publicly visible area of each Merchants’ premises.
2. Once the QR code has been scanned, it will link to the menu of the restaurant where the User is located, so that he or she can place the order. The User will be able to select the items offered by the Merchant and confirm the purchase through the IN-STORE option.
3. If the QR code cannot be scanned due to any kind of error or defect, the User can check whether the order can be placed by searching for the Merchant’s store on their device directly from the Neara APP.
4. Once the order has been confirmed in accordance with the payment method enabled for this purpose, it may only be cancelled through the APP before the Merchant has agreed to prepare it. If a User later wishes to change an order or the Merchant delays in its preparation, he/she must contact the Merchant in question directly.
5. Once the order has been confirmed, the order number will appear on the screen of the User’s device, and this must be shown to the staff of the Merchant when collecting it.
6. The price of orders placed through the IN-STORE option will not include the additional delivery cost.
7. Certain promotional codes may not be used for orders placed using the IN-STORE service.

B) PICK-UP Orders

Where so enabled for PICK-UP orders in the APP, Users may place orders directly from the APP at those Merchants’ establishments that have chosen to include this option and pick them up in-store within the times stated.

1. In order to be able to use the PICK-UP option, Users must select this option on the APP for the establishments for which it is available, together with the products that they wish to buy at those establishments, and confirm the order on the APP itself.
2. Once the order has been confirmed in accordance with the payment method enabled for this purpose, it may only be cancelled through the APP before the Merchant has accepted and started to prepare it.
3. Once the order has been confirmed, the order number will appear on the screen of the User’s device, and this must be shown to the staff of the establishment when collecting it.
4. The price of orders placed through the PICK-UP option will not include the additional delivery cost.

The Marketplace Option

The User acknowledges and accepts that, in the event that the delivery of the product acquired through the APP is requested, in certain cases it may be provided by the Merchant’s own delivery service, instead of by the Mandataries. The User will be informed accordingly of this particularity in the moment of placing the order.

In such cases, the responsibility for the Delivery will fully lie with the Merchant which is the only one in position to track the delivery of the order and to resolve any incident. As a result, in these cases, the User will not be able to track the location of the product and the approximate time of delivery may vary. In these cases, in case of any delay and/or issue relating to the delivery of the products, the User shall contact the Merchant directly.

3.2. The Commission model

Through the Commission model the User states his/her wish to order the purchase in person of certain products, and the Mandatary will be a mere agent acting on the User’s behalf. The User may specify the products to be included in the order by using the free-text box to include more detailed information or instructions for the Mandatary who is to carry it out. The User is solely responsible for providing the correct addresses -including not only the written addresses but also its correct location in the map available at the APP- and indications on the APP to the Mandatary and shall assume any cost and inconvenience derive from their error and/or negligence. Further, the User shall provide the instructions as detailed as possible for the Mandatary to duly perform the services requested. If a User wants to know the composition and nutritional information of the products which purchase is entasked to the Mandatary, the User must contact each establishment directly to obtain full information about the products.

The User shall not request the performance of any errand and/or purchase which is against the law and public order, either due to its content or the circumstances in which the said errand is requested. As a result of the foregoing, the User shall be solely responsible, and it would be the User who, if the situation arose, would be liable for any incident arising from the nature of the products (such as a sanction, civil and/or criminal liability, financial liability, etc.). In relation to this, Users should be aware that Neara actively collaborates with the authorities of each country to combat, among other crimes, fraud, drug trafficking, money laundering, terrorism and identity theft. The User is therefore aware that Neara may disclose his/her data to public authorities on their request in order to prevent and avoid the commission of these or other criminal offences.

When placing an “Commission” order, Users must set an approximate price; the User is liable for the setting of a correct approximation. Neara will, then, hold a sufficient amount on the basis of the said approximation from the User’s payment method; this holding will be released once the order is finished and Neara will charge the User the precise amount owed for the order, given the price effectively charged to the Mandatary when performing the errand. In case that the service or product to be purchased by the Mandatary surpasses for more than 30% above the User’s estimation, the Mandatary and/or Neara will contact the User to inform him or her of this situation, and it will be the latter who makes the final decision on whether or not to proceed with the purchase in person at the Merchant premises. If the User accepts to proceed with the purchase for the higher amount, the order will be continued; on the contrary, if the User does not accept to proceed, the order will be cancelled and the User will be liable for any cost that the cancellation may encompass, including the payment of any fees either to Neara or to the Mandatary.

The Mandatary who accepts the order in the APP, undertakes a mandate to purchase the products ordered by the User on the latter’s behalf and according to his/her indications and specifications. If the product and/or service, as described by the User on the APP, is not available, the Mandatary may call the User to discuss any alternative or available options, if existing. If there are no alternative available options or the User does not accept any of the options set out by the Mandatary, the order will be cancelled in accordance with these General Terms (Section Nine). If the User does not answer the phone, the Mandatary shall wait 5 minutes before leaving and cancelling the order.

Similarly, any other change or variation shall be reported by the Mandatary for the User’s approval before carrying out the mandate. If the User wishes to make any comments regarding the order, he/she will always be able to directly contact the Mandatary who is carrying out the mandate.

Once the mandate has been completed, if the request included the purchase of a product, the Mandatary shall give the User the paper receipt for such product and/or service issued at the moment of the purchase by the seller of the product and/or service requested by the User. All this without prejudice to the detailed information for the service that will be received by the User at the e-mail address associated with his/her account.

3.3. The Courier model

Through the Courier model the User may request via the APP the services of a Mandatary for the collection and delivery of a certain object from and to the addresses indicated by the User, provided that these are within the territories where Neara operates. The Mandatary undertakes, under a mandate, to perform the services requested by the User on the latter’s behalf and according to his/her indications and specifications.

The User shall not request any collection and/or delivery which is against the law and public order, either due to its content or the circumstances in which the said errand is requested. The User is solely responsible for providing the correct addresses -including not only the written addresses but also its correct location in the map available at the APP - and indications on the APP to the Mandatary and shall assume any cost and inconvenience derive from their error and/or negligence.

3.4. General provisions. Applicable to all models above

The services made available to Users through the APP, regardless of the model, will be carried out only in case the following conditions are met at the time of payment:

• The service requested by the User must be operative during the chosen time slot.
• The products purchased, the goods to be delivered and/or the errand to be performed must be in one of the cities, and within the available area, in which Neara operates.
• The destination must be located in the same city area as the product and/or the collection address.
• The product(s) ordered cannot exceed the following size: 40 cm x 40 cm x 30 cm*
• The maximum weight of a single order will be approximately 9 kg*

*The above-mentioned size and weight will not apply in the case of vehicles capable of accommodating such volumes.

Users are solely responsible for providing the correct addresses for delivery and collection on the APP -including not only the written addresses but also its correct location in the map available at the APP- and they, therefore, release Neara and the Mandatary from any liability for negligence or error in the collection or delivery of the order as a result of providing incorrect addresses for collection and delivery. Similarly, Users must provide all the information, in as much detail as possible, about the service and/or product to which the assignment relates. To do this, they may provide any comments they may deem useful in the “comments'' section. The User releases Neara and the Mandatary from any liability derived from negligence or error in the indications given by the User. As a result of the foregoing, the cost resulting from providing an incorrect address for collection and delivery as well as incorrect indications regarding the products to be purchased, the errands to be performed and/or the services to be provided and/or the performance of any other errand, shall be borne by the User.

If the User is not at the place indicated for delivery and, therefore, the order cannot be delivered, the User must bear 100% of the cost of the basic courier service, as well as the price of the product if one has been purchased or contracted at the User’s request. This is without prejudice to the possibility for the User to place and pay for another order, identical to the one that could not be delivered, to receive the said products or service.

The reception of the order by the User at the indicated delivery address shall be considered as acceptance of the order. In case that the order is incorrect, incomplete or contains any defect, the User shall contact Neara through the Help Section immediately after the reception of the order. Neither Neara nor the Mandatary assume any obligation of revision of the identity of the recipient of the order; the latter will be taken as correct, provided that it is at the indicated delivery address. Neara, therefore, does not assume any liability for the handling of the order at the incorrect person at the correct delivery address.

4. Economic Conditions

4.1. Prices of the Services provided through the APP

Users can register in the APP free of charge; nevertheless, the free character of the registration in the APP is subject to review by Neara at any time. In any case, Users may have to pay for certain services on the APP as provided in these General Terms. Neara reserves the right to change the prices on the APP at any time, by informing the Users as and if required by the applicable laws. Such changes shall take effect immediately after publication.

Neara will charge the User a service fee for the use of our APP to continuously improve our overall services, providing a wider selection of vendors and continuously improving our user experience, among others. The amount of the service fee can be fixed or variable according to the value of the products. Neara sets the service and makes it visible to Users at the moment of the checkout of every order. This service fee will be charged against the credit card that the User has selected for the payment of the order. In the event that the User selects the cash payment option (this option may be unavailable in some of the countries in which Neara operates), the service fee will be charged to the User in cash at the time of collection or delivery of the order, and the Merchant will be responsible for receiving this amount on behalf of and in the name of Neara. In case of payment with cash, Neara reserves the right to withhold the money from the User's card until payment is made at the time of delivery of the product and/or on completion of the assignment at the place of delivery. If the payment does not take place, Neara reserves the right to charge the card on which the money has been withheld.

In addition to the said service fee, the User must pay the price of the products and/or services requested through the APP, as well as the courier or errand services provided by the Mandataries each time that a collection and/or delivery is requested by the User. In the event of bad weather conditions, oversaturation, high demand and/or any other condition that may affect the provision of the delivery services by the Mandataries, the User may experience a temporary increase in the fee for those services provided. In any case, the fee for the delivery service may also vary in cases of force majeure beyond Neara’s control.

In the case of orders under the Commission and/or Courier models, the total price of each service may be composed of a variable percentage based on the number of kilometres travelled and the time taken by the Mandatary, as well as, where applicable in cases in which a User requests the physical purchase of a product or service, the price established by each Merchant. Neara reserves the right to change the price based on the distance travelled and/or the time of the day in which the service is performed. In accordance with these terms, the User will be entitled to know the approximate fee for the service before contracting it and paying for it, unless the User has not specified the address for collection.

In addition, the fee may include tips for the Mandatary and/or the local store, whose amount shall be solely and entirely at the User’s discretion; therefore, it will be solely the User who will decide on whether to tip and on the tipping amount. In any case, Neara may offer the possibility to Users to remember the tipping option selected; in the case that the User consents to the saving of their preferences on tipping, these preferences will be automatically applied in all future orders. The User will have the faculty to change the selected preferences at any time.

4.2. Price of the Products and/or Services offered on the APP

The prices applicable to each service and/or product offered in the APP are established by the Merchants and are set solely and freely by the latter. Neara makes its best efforts to ensure that the prices in the APP are updated and duly reflect the real price that will be applied by the Merchant; however, in certain situations above Neara’s control, the price indicated by the Merchant in the APP may vary. In such a case, the Merchant shall be the sole responsible for the variation of the price and the User must contact the Merchant for any claim that may correspond. The purchase requested via the APP will be continued in the case of price variations of up to 30%. If the variation is greater than the said 30%, the User will be contacted to inform him/her of the situation and inform on the available options. In any case, the User may, in any case, contact the Merchant and/or the Mandatary to confirm the final price of the products ordered.

The Merchants are free to set a disclaimer on the products/services they offer through the APP, ensuring that the prices displayed in the APP correspond to those available at their own premises. In this case the Merchants remain responsible for any variation, change and/or errors that such prices may experience. Neara does not intervene in any way in the setting of the disclaimer.

All the prices stated on the APP are inclusive of any taxes that may be applicable based on the territory from which the User operates and shall, in any event, be denominated in the currency in force in the territory from which the User operates.

The User acknowledges that prices of the products and services indicated by the Merchants in the APP may not always include the price of their packaging, that may be charged separately to the User if so requested by the applicable law and/or standards. In particular, but without excluding any other case, the User acknowledges that it may be charged separately the price of any plastic packaging that accompanies their order.

In the case of Commission model orders, the User grants the Mandatary, by means of the purchase and delivery request made through the APP, a mandate to purchase the products in person, on his/her behalf, at the price set by the stores in which it is bought; any indicative of such price included in the APP is merely indicative and shall never be interpreted as definitive or binding neither for Neara nor for the store or the Mandatary. The User may be in direct contact with the Mandatary while the order is being carried out.

Neara and/or the Merchants reserves the right to introduce a surcharge in the order price (hereinafter, “Small Order Surcharge”) as a requirement for the processing and preparation of those orders considered as small. The consideration of small may vary depending on the country and/or moment in which the order is placed. Neara will clearly communicate to the User through the APP when the Small Order Surchage is applicable and its exact amount; and the User will have the faculty to either continue with the order and pay the said surcharge, modify the order and/or quit the said order before its definitive placing.

4.3. Billing

By registering through the APP and providing the required bank details, Users expressly authorise Neara to issue receipts for payment of the services requested, including the price and delivery of the products ordered.

The User expressly authorises Neara to send him/her by electronic means, to the e-mail address provided by the User during the registration process, receipts for the services contracted and/or the bills generated either by the use of the APP, by the services provided by the Mandataries and/or the Merchants. If an invoice is required, the User must enter the relevant tax data on the APP before placing the order.

The User similarly accepts that according to the services contracted through the Neara APP, they can receive the invoices corresponding to the delivery, courier or management services, by the Mandataries.

4.4. Payment Platforms

Payment of the price of any product (such as food, drink, a gift, etc.) properly made to Neara by Users will discharge their obligation to pay the said price to the associated restaurants and/or establishments as well as the Mandatary, for the services provided. Neara does not act on behalf of Users and none of the authorizations provided in this document should be deemed as a mandate given to Neara.

Neara issues receipt of payments to Users acting as an agent (for collection of payments) on behalf of associated restaurants and/or establishments and Mandataries through an Electronic Money Institution. Electronic Money Institutions (hereinafter, “Payment Platforms”) are responsible for the obtention of any necessary authorisation or licence to provide, directly or indirectly, regulated payment services in the territories in which Neara operates and for being in compliance with the current legislation applicable to the payment services provided. Therefore, Neara will accept no liability for the lack of authorisation or licence or the breach of any applicable regulation; on the contrary, the sole and exclusive liability will lay with the Payment Platform.

Neara reserves the right, as a fraud prevention measure, to request a payment pre-authorisation for the products ordered through the APP, always through the Payment Platform and for the sole purpose of verifying the means of payment provided and ensuring the correct functioning and use of the APP by the Users. Such pre-authorisation shall in no event involve payment of the full amount of the order, as this will be done solely and exclusively after the products have been made available to the User, or for the reasons set forth in these General Terms.

If a User has any issues with the payment via the Payment Platform made available in the APP, the User may contact Neara’s User assistance service through the Help Section in the APP. Neara will make its best efforts to provide a solution to the issue and to liaise with the Payment Platform to the extent possible; be that as it may, Neara is not responsible for any such issue that falls within the activity and responsibility of either the Payment Platforms or the User’s bank or assimilated financial institution.

4.5. Payment methods

The User may pay for the products and/or services in cash or by credit card. When making the order, the User will be informed of the various payment options available in the territory from which the service is being requested. Additionally, in certain territories, the User may also have the option to pay with mobile money, either via the APP or at the moment of pick up or reception of the order, as indicated through the APP in each case.

In order to pay with a credit card, the User must provide the card details through the APP as a payment method associated with his/her account. Neara does not store card numbers on its servers and can only view the last four digits of the card. The full information shall be stored on the servers of the Payment Platform through which payments are made.

If it is not possible to complete a charge using the selected payment method, the User authorises Neara to charge the applicable fee to any other credit or debit card that the User has already registered to his/her Neara account.

The cash payment option may be unavailable in some of the countries in which Neara operates. If available, in the case of cash payments, Neara reserves the right to withhold the money from the User's card until payment is made at the time of delivery of the product and/or on completion of the assignment at the place of delivery. If the payment does not take place, Neara reserves the right to charge the card on which the money has been withheld t

If payment for the service can for any reason not be taken from the User, the User’s account shall be blocked until the situation has been rectified and the debt has been settled.

4.6. Refunds

In the event of a dispute, Neara may provide the first line of support and may reimburse the User if this is deemed appropriate. In case of cash payments, Neara provides refunds, adding Promo code to the User’s Neara account. In case Neara becomes aware that the User who is requesting a refund of an Order, has made a fraudulent use of the APP, this request will be immediately rejected.

Notwithstanding the above, Neara shall not be obliged to implement any refund due to defects on the Merchant’s products or on the provision of the delivery services by the Mandataries. Further, any refund done by Neara due its high standards in Users’ satisfaction, shall not be considered as a waiver of this exclusion of liability which is inherent to Neara’s condition of a mere intermediary. Additionally, any return of a product as well as its corresponding refund shall be managed by the User directly with the Merchant, in accordance with the Merchant’s return policy and with section 5 of these General Terms.

4.7. Promotional Codes and/or Other Offers or Discounts

Neara may unilaterally provide at any time credits for use within the APP, discounts, free shipping as well as any other promotion, to certain Users (hereinafter, the “Discounts and/or Promotions”). Any of these discounts and promotions may unilaterally be cancelled at any time by Neara.

The User acknowledges and accepts that any Discounts or Promotions granted must be used only within the validity period established by Neara for each Discount and/or Promotion. If no validity period is specified by Neara at the moment of communicating and/or granting such Discount or Promotion, the validity period applicable by default will be of six (6) months from the date on which they were made available to the User. Any other validity period set by Neara at the moment of communicating or granting the said Discount and/or Promotion will prevail over the six (6) months default validity period stated above.

Similarly, the User acknowledges and accepts that any Discounts and/or Promotions granted may be applicable only to certain products and/or services offered through Neara’s APP or only under specific circumstances and conditions (e.g. first order, order within a territory, order at a specific time of the day, order of a certain type, Small Order Surcharge, etc).

Discount and/or Promotions granted to Users must be correctly entered in the APP by the User before placing the order. Otherwise, they will not take effect and the User will be unable to enjoy them. The User is responsible for making sure that the Discount and/or Promotion is applicable for the specific products or services requested through the APP and that the Discount or Promotion is still valid and fully effective.

The User acknowledges that Discounts and/or Promotions may experience a delay in its application from the moment in which these are communicated and/or granted to the User. In particular, among others, the Discounts and/ or Promotions offered by Neara for first Users or first orders in the APP may take between 24 and 72 hours from the time of the creation of the User account to be available. The User is responsible for making sure that the Discount and/or Promotion has been correctly entered in the APP and to review that it has correctly been applied to the order. If this delay in application exceeds 72 hours, the User can use the Help Section to contact Neara’s User Support.

The User acknowledges and accepts that all Discounts and/or Promotions are valid only once per User and, therefore, may be restricted based on various characteristics such as device, credit/debit card, email address, phone number or user ID, save expressly provided otherwise by Neara in reference to the specific Discount and/or Promotion.

In any case, Neara reserves the right to unilaterally cancel and withdraw any Discount and Promotion either offered or already granted if it becomes aware of a fraudulent use thereof (such as, among others, a promotional code being redeemed by someone who is not its legitimate recipient, the mass communication of codes or the sale of codes or discounts). Furthermore, it reserves the right to apply sanctions to Users for the amount for which Neara has been defrauded as well as for the suspension and/or cancellation of User’s Neara account.

Neara will accept no liability if, due to an event of force majeure or other events beyond its control or whose need is justified, it is forced to cancel, shorten, extend or amend the conditions of Discounts and Promotions. In particular, Neara will accept no liability if the website is not available at any time during Discounts and Promotions or for a malfunction in the automated promotion system.

5. Cancellation of Orders and Right of Withdrawal

5.1. Cancellation of Orders by the User

In accordance with the nature of the intermediation service offered by Neara, the User is aware that, once a Mandatary and a Merchant have voluntarily accepted an order, the execution of the mandate is considered to have started, and the User may therefore no longer be entitled to withdraw the service request free of charge. Once the User has cancelled the orders, the products will not be delivered. This is without prejudice to the right of return and/or withdrawal of the User that may correspond to the User under the laws applicable, referred to in section 5.3 below.

The cost of cancellation may depend on the following factors:

1. If the Merchant has already accepted the order and started preparing it, the User will be charged the price of the products. The User will be informed of the Merchant’s acceptance through the APP and/or by e-mail at the e-mail address registered by the User.
2. If the User cancels the order once the Mandatary has accepted it for processing, the User will be charged the cancellation fee. The User will be informed of the Mandatary’s acceptance through the APP. The User can see the cost of cancellation on the APP. If the Merchant and the Mandatary have both accepted the order for processing, the User will be charged both the price of the products and the cancellation fee.
3. If the order must be cancelled by Neara and/or by the Merchant, due to reasons that are not directly attributable to the User but outside Neara’s control (e.g. lack of stock, change in the price by the Merchant, etc), Neara’s agents or the Mandatary will contact the User to inform the latter of the alternatives available and the costs that these will entail, if any.

The total cost of cancellation will appear on the User’s screen on pressing the “Cancel” button on the APP, based on the factors described above.

5.2. Cancellation of Orders by Neara

Neara reserves the right to cancel an order without having to provide a just cause. Neara will inform the User of the said cancellation and, in the event of cancellation without just cause at Neara’s instance, any amount held in the User’s account and/or credit card will be released.

5.3. Return of Non-perishable products. Right of Withdrawal

If a User wishes to return a non-perishable product or make a claim about the provision of a service, the Merchant that sold the said product will be the sole responsible for the acceptance and/or refusal of such return, in accordance with its own internal policies and with all applicable law. Therefore, in all cases, the return of a non-perishable product shall be subject to the Merchant’s returns policy in any event and the decision regarding whether a return is appropriate will lie with the Merchant in each case. Similarly, the Merchant will decide how to make the refund (cash, credit card, store voucher, etc.) following its own return policy.

Neara will neither be responsible for such return, nor for the compliance of the Merchant’s return policy with all applicable laws. This is without prejudice to Neara’s ability to act as an intermediary between the User and the Merchant in handling the complaint. The User must inform Neara of the solutions provided by the Merchant if a dispute arises.

Further, as certain Merchants may not have premises open to the public, Users will be unable to access them for the purpose of processing any claims or returns. In such cases, they must contact Neara’s User assistance service for the necessary help and support using the channels available on the APP.

The User must check the non-perishable products delivered by the Mandatary at the delivery address at the moment of the delivery; the User is, thus, responsible for checking that the service and/or products provided are adequate as well as, where applicable, for collecting enough evidence to prove that they were not. Therefore, if a User wishes to process the return of a non-perishable product, he/she must provide a photograph of the total order, together with a list of the incorrect or undelivered products, as well as other proof of the inadequacy of the product requested. In any event, the decision regarding whether a return is appropriate will lie with the Merchant, and not with Neara, in each case.

Neara has official claim forms available to Users, in the official languages of the countries in which Neara operates, in relation to the service offered by it. Users may request the above-mentioned claim forms through Neara’s User assistance service, and the option to access them will be sent automatically. The User’s e-mail must specify the exact location from which the request is being made, which must be the same as the place where the service is to be carried out. In the event of doubt, the claim should be made from the latter place.

6. Home Delivery of Free Samples and Other Commercial Actions

Neara reserves the right to enter into commercial agreements with other companies, brands, stores, entrepreneurs, professionals etc, to send promotional communications, including the addition of free samples to any orders delivered to the User’s, either occasionally or as part of recurrent sampling campaigns. In this regard, during any type of sampling campaign, certain Merchants or brands may have a prominent position if so agreed with Neara for the purpose of the Merchant or brand promotion. The provision of samples will not entail any additional cost to the User.

The user acknowledges and accepts that, by ordering through Neara, it may participate in any sampling campaign and receive various samples together with the orders made via the APP, for mainly promotional purposes.

Neara is, in no way, responsible for the quality and characteristics of the products provided as sample and will not be liable for any damage and/or offence caused by the delivery of the said sample. Further, Neara is not responsible for any sampling campaign that the Merchants offering products or services through the APP may organise and implement; while Neara makes its best efforts to ensure legality of Merchants’ activities and Merchants commit to respect the law when using the APP, Neara cannot review the content of the orders and/or any sampling campaign organised by the Merchants in their condition of independent professionals/companies.

7. Policy on the Delivery of Restricted Items

7.1. General Policy

This section presents a non-Exhaustive List of Examples of items that may be legally limited or restricted in certain countries and/or cities in which the APP operates, depending on the local legislation:

7.2. Specific considerations on the purchases of alcohol

Users who accept these Terms and Conditions may view and place orders involving the purchase and/or delivery of alcoholic products through the Neara APP. By ordering, the User acknowledges that he/she is of the age foreseen and permitted by the applicable law in the territory in which the order is placed.

In any case, Neara reserves the right not to process/deliver any order including alcohol to those recipients of the order who cannot prove to be the User identified on the Neara APP, as well as the required age/other restrictions foreseen by the applicable legislation in the territory in which the User places the order. As a consequence of the foregoing, the User shall bear the full cost of the product and the costs associated with placing and cancelling the order.

In those cities where the sale and/or delivery of alcoholic products is restricted in certain hours, the User must respect the proper use of the APP and, consequently, respect the time zones prohibited by the applicable legislation.

In any case, Neara reserves the right to refuse to process/deliver the order including alcohol outside permitted hours. As a consequence of the above, the User shall bear the full cost of the product and the costs associated with the placement and cancellation of the order.

In the event that the User transfers his/her Neara account to minors or persons who, due to their circumstances, may be in situations that require special protection, Neara reserves the right to initiate all civil/criminal actions to protect the rights of the most vulnerable people. In this regard, Neara undertakes to use all material and human means to control this type of fraud, but in no case is responsible for the illegal transfer of an account to another person who has not expressly accepted these Terms and Conditions.

Neara recommends moderate and responsible consumption of alcoholic products purchased.

7.3. Specific considerations on products from pharmacies

Neara does not carry out or intermediate in the sale or advertising of medicines for human use through the APP in the countries and/or cities where this is not permitted by law, in compliance with the applicable regulations regarding the retail sale of medicines for human use.

In the countries and/or cities where it is not permitted by law, Users may not place orders for medicines through the APP, including the "Commission" bubble. In the event that the user places an order for medicinal products that are subject to an applicable prohibition of telematic intermediation, delivery and/or sale, the APP will refuse the order in accordance with the applicable legislation on the retail sale of medicinal products for human use.

In the countries and/or cities where medicines intermediation, delivery and/or telematic sale is not permitted by law, the Nearaonly has commercial agreements with pharmacies to intermediate with products related to para-pharmacy, beauty and/or care, in accordance with the applicable legislation.

In the countries and/or cities where medicines intermediation, delivery and/or telematic sale is permitted, Users may be able to order this kind of product.

In the countries where ordering medicines (over-the-counter and/or prescription medicines) through Neara is legally doable, according to its business model, Neara does not sell or advertise medicines for human use through the APP; Mandataries act as agents of those Users who order, through the APP, non-prescription drugs for human use for collection.

In these cases, Neara guarantees to Users the availability of a pharmacist’s advice before ordering their medication through call or message channels so that, in the event of doubt, the User can consult the pharmacist who is to dispense the product(s) through the APP, all this to ensure that the Pharmacist can dispense the correct product.

In any event, Neara will accept no responsibility for Users’ use of the products ordered in the Pharmacy section or be liable for the amounts and/or condition of the products dispensed at pharmacies.

In addition, the APP may provide the pharmacy that dispenses the medicine ordered by the User with the latter’s username and phone number so that it can answer the User’s questions. This disclosure of data will in any event be subject to the User’s express and unambiguous authorisation in accordance with the applicable data protection legislation.

8. Content moderation and/or alteration

Notwithstanding the foregoing, Neara reserves the right to restrict certain Users’ access to the APP, either fully or partly, as well as to cancel, suspend, block or remove certain types of content, by means of suitable technological tools, if it becomes aware, or there are signs, that the activity or the information stored is illegal or harmful to a third party’s rights or property. Further, Neara will not tolerate the publication of abusive language or abusive attitudes towards Neara, its workers, the Merchants, the Mandataries, or any other party involved in the content published in the APP.

In this regard, Neara may establish any filters that may be necessary to prevent the service from being used to upload unlawful or harmful content to the Internet. Any User and/or third party may contact Neara via the Help Section in the APP in order to notify the presence of illegal content in the APP. Neara will carefully examine any notification in this regard, providing that it includes a sufficiently substantiated explanation of the reasons why it is alleged that the relevant information is illegal content and a clear description and indications that allow Neara to identify the relevant information and its place of storage. Neara will, thus, make its best efforts to investigate the information denounced and to take appropriate measures for its removal if it is found illegal.

In addition, Neara reserves the right to decide on the algorithms and parameters applicable to the ranking of the Merchants (restaurants and/or stores) and products that appear in the APP, as well as to amend and update it. The User acknowledges and accepts that the said ranking may depend on multiple factors and metrics, including but not limited to the proximity and accessibility of the premises, prior reviews, as well as any agreement reached by Neara with said merchants or distributors of the products related to their positioning and visibility.

9. Solidarity at Neara

Neara may collaborate, either through its APP or through other interfaces among others, with various institutions, corporate groups and non-governmental organisations in charitable and solidarity projects, donation campaigns and non-profit campaigns in some of the countries in which it operates (subject to applicability in each country). Neara acts as an intermediary in such projects, based solely on its good faith and its wish to contribute to social initiatives. Neara accepts no liability for the final use or outcome of such campaigns. Neither does it give any security or guarantee, or accept any legal liability, or have any control over how donations are used by the above-mentioned establishments.

In addition, Neara may develop and manage solidarity and social impact projects in the event of natural disasters, conflicts and/or any other need, as part of its social corporate responsibility policy. Neara will inform Users of those actions via the APP as well as any other means of communication available and allowed by the Users. Neara may grant Users the opportunity to collaborate in the said projects; for such purpose, Neara will clearly inform Users on how to participate and all relevant implications of their collaboration. These projects may be addressed to support either Merchants, Mandataries and/or third parties in need and it will be fully compliant with any applicable law.

10. Geolocation

Neara may collect, use and share exact location data, including the real-time geographic location of the User’s computer or mobile device, provided that this is authorised by the User. The said location data may be collected and used by Neara to show Users the location of the point of origin and/or destination of an order. In this regard, Users expressly consent to their geolocation data being shared with any Merchant and Mandatary, to successfully carry out the order requested at any given time. Users may choose to disable Geolocation on their devices as provided in the Data Privacy Policy.

11. Responsibilities and Warranties

11.1 Responsibilities and warranties in relation to the APP

Users are responsible for having in place the necessary services and equipment to browse the Internet and access the APP. Users can report any incidents or problems accessing the APP to Neara using the contact channels made available to Users, and Neara will analyse the incident and instruct the User on how to resolve it as quickly as possible.

Neara does not guarantee the absence of errors or interruptions when accessing the APP or its content, or that it will always be up to date. Therefore, Neara will not be liable for any service interruptions, connection errors, unavailability of, or faults in, the Internet access service, or Internet interruptions or for any other matters beyond its control. Notwithstanding the foregoing, Neara will, save in the event of circumstances making this difficult or impossible, take all steps to correct such errors, restore communication and update contents as soon as it becomes aware of the errors or disconnection or of the contents being out of date.

Neara accepts no liability for any security errors that may arise or for any damage that may be caused to the User’s computer system (hardware and software), or to the files or documents stored therein, as a result of:

• The presence of a virus in the User’s computer system or mobile handset used to connect to the APP’s contents and services;
• A malfunction of the browser;
• The use of outdated versions thereof.

Neara hereby confirms that it has obtained all necessary licences for the pursuit of its technological intermediation activities in the countries in which it operates.

11.2. Responsibilities and liability in relation to content

Neara does not control, and is not responsible for, the contents uploaded by Users, Merchants and Mandataries through the APP; therefore, Users, Merchants and Mandataries are solely responsible for the lawfulness of such contents. Similarly, Neara does not control (and is under no obligation to control) how Users, Merchants and Mandataries use the APP. It therefore does not guarantee that they use the APP in accordance with these General Terms or in a diligent and/or prudent manner and in accordance with all laws applicable. Further, Neara does not check (and is under no obligation to check) the identity of Users or the truthfulness, current validity, completeness and/or authenticity of the data supplied by them.

Neara gives no warranties regarding the authenticity, accuracy, novelty, reliability, lawfulness or non-infringement of third-party rights by Mandataries and/or Merchants. In this regard, Users state that they understand that Neara is a mere intermediary and that it therefore accepts no liability arising from the information provided by Mandataries and/or Merchants or for any loss or damage that may potentially be suffered by them due to a breach of these General Terms. When an order is placed on the APP and accepted by the Mandatary, a direct relationship is established between the User and the Mandatary. Neara is not a party to this relationship and merely provides the APP to enable the Parties to communicate and place as many orders as may be required through the APP. Neara makes no assertions or confirmation regarding any Mandataries and Merchants or their identity or background information. Neara therefore recommends that Users always use common sense and remain alert when placing any order.

By becoming members of the APP, Users accept that any claims they wish to bring for legal liability arising from actions or omissions of other Users of the APP or third parties shall be restricted to such Users or third parties, and that no actions for liability may be taken against Neara.

11.3. Liabilities and warranties in relation to users’ reviews

Neara is not responsible for the content of any review left by any User, regardless of whether these are published in the APP, and will accept no liability for any damage and/or offence caused by the said reviews. Neara can only guarantee that solely the Users who have purchased a certain product or service through the APP will be asked to provide a review on it; nevertheless and, albeit Neara will make its best efforts to put in place any reasonable measure to prevent fraudulent, offensive and abusive reviews, Neara cannot systematically verify the reviews collected and, therefore, cannot guarantee the accuracy and truthfulness of the reviews left by the Users.

11.4. Responsibilities and liability for the products and services offered through the APP

As an intermediary, Neara merely facilitates, via the APP, the means by which the parties involved (i.e. the Merchants, the Users and the Mandataries) may contact with each other to arrange the sale and, if desired, the delivery of the products and services to the address indicated by the User. Therefore, Neara is in no way responsible and does neither guarantee nor assume any liability for the products or the services offered by the Merchants or for the provision of any requested delivery services by the Mandataries. Neara will not check, and it is not responsible for checking, the products sent or delivered through orders on the APP. Further, Neara does neither prepare, nor sell nor deliver any product and, therefore, cannot be liable for its ingredients or its manipulation and the provision of any information on allergens. Notwithstanding the above, Neara requests all Merchants and Mandataries to abide by all applicable laws and the highest standards of health and safety in the preparation and manipulation of the products, as well as of information provision to users and consumers. Additionally, given that any food product offered via the APP is prepared and packaged at the Merchant’s establishments, Neara is not responsible for ensuring that food orders are delivered to Users in properly closed packages.

Furthermore, the product/services images displayed on the APP are provided for illustrative purposes only and the final product/service the User purchases may differ slightly from these images.

The Users, the Merchants and the Mandataries, release Neara from any liability that might arise from the availability and/or transport of products requiring specific permissions or licences, or of products forbidden by any applicable legislation. If Neara becomes aware that the User, the Merchant and/or the Mandatary is/are using the APP to transport prohibited products, Neara may launch an internal investigation to ascertain the facts, take any legal action that may be necessary and/or block the User, Merchant or Mandatary in question until any potential investigation has been completed. The measures available to Neara include providing the authorities with data and information on the Users, Merchants and Mandataries.

Neara rejects any liability for damages of any kind that may arise from Users, Merchants and/or Mandataries’ illegal use of the APP due to the information supplied by latter to other Users, Merchants and/or Mandataries being untrue, no longer valid, incomplete and/or false and, in particular and without limitation, for any loss or damage of any kind that may arise due to Users, Merchants and/or Mandataries impersonating a third party in any kind of communication made through the APP. In particular, Neara accepts no responsibility for the use of the APP or for any orders that may be made by a third party from the Users, Merchants and/or Mandataries’ account.

11.5. Responsibilities and liability in relation to delivery requested through the APP

Neara cannot be responsible for delivery times, as they will depend on the Merchants’ own successful operations, the preparation of orders, the Mandataries themselves, and the information furnished by Users when placing orders or their availability and response at the time of delivery; therefore, the delivery times stated on the APP are provided for indicative purposes only. Further, Neara will never be liable for the availability of Mandataries or for their adequate and satisfactory performance of assignments.

The Mandatary is exclusively responsible for the delivery and/or management of the goods without prejudice to the fact that, in the event of an incident, the User contacts the Mandatary and Neara through the APP or other enabled channels in order to resort to a possible insurance policy.

Neara shall also not be liable for any damage or deterioration of the goods. It is the User's responsibility to prove to the Mandatary and Neara that the alleged damage or deterioration has actually occurred from the time the goods have been collected from the place of origin until they have been delivered to the User, in which case the User must contact the Mandatary and Neara through the APP or other enabled channels in order to resort to a possible insurance policy.

However, Neara, as a platform that intermediates between User and Mandatary, may mediate as far as reasonably possible in the dispute that may arise between User and Mandatary during the delivery and/or management of goods through the APP.

In the event of a dispute, the User shall be responsible for informing Neara and contacting the Mandatary to claim any compensation.

Furthermore, any claim relating to the delivery and/or management of the goods shall be brought exclusively against the Mandatary and not against Neara.

12. Updates and Changes to the APP

Neara reserves the right to amend these General Terms, the Privacy Policy and the Cookie Policy at any time. Neara will provide prior notice of those amendments when mandatory in accordance with the laws applicable.

In addition, Neara reserves the right to update, amend or delete the information contained on its APP, at any time and without the need for prior notice unless mandatory as per the applicable law, with regard to its layout, presentation and access conditions, without thereby accepting any liability in relation thereto.

13. Intellectual Property

Neara is the owner or licensee of all intellectual and industrial property rights that relate to the software and the APP, as well as the content that can be accessed through it, which is uploaded to the APP by Neara and/or on its behalf. These intellectual property rights, as well as the text, images, graphic design, navigation structure, information and content contained therein, are the property of Neara, which has the exclusive right to exploit the rights thereto in any manner, in particular the right of reproduction, distribution, publication and transformation, in accordance with Spanish legislation on intellectual and industrial property rights.

The content uploaded to the APP by or on behalf of any third party, including but not limited to the Users, Merchants and Mandataries, remains their exclusive property; therefore these are fully responsible for any damage, claim and/or liability that may directly or indirectly derive from the content uploaded by them and/or on their behalf.

In spite of the foregoing, Neara may not be the owner or licence holder of content such as names or images, among others, of companies with which Neara does not have a business relationship. In such cases, Neara acquires the content from publicly available sources, and Neara shall in no event be deemed to be related to any right belonging to Neara.

Authorising a User to access the APP does not imply the waiver, transfer, licensing or full or partial assignment by Neara of any intellectual or industrial property rights. Deleting, bypassing or in any way tampering with the contents of the Neara APP are all prohibited. In addition, modifying, copying, reusing, exploiting, reproducing, publicising, making second or subsequent publications of, uploading files, sending by post, transmitting, using, processing or distributing in any way all or some of the contents included in the Neara APP for public or commercial purposes are also prohibited, save with Neara’s express written authorisation or, where applicable, that of the owner of the rights concerned.

By registering on the APP and agreeing to these General Terms, the User grants Neara, in relation to the content that he/she may provide, a worldwide, irrevocable, and transferable licence, free of charge, with the right to sub-license, use, copy, modify, create derivative works, distribute, publicise and exploit it in any way that may be deemed appropriate by Neara, with or without any further communication to the User and without having to pay any amounts for such uses. All the above shall be understood as granting the indicated rights only to the maximum extent permitted by the applicable legislation.

14. Severability

If any of the clauses of these General Terms are found to be voidable or void by operation of law, such clause(s) shall be deemed not to have been included. Such declaration of nullity will not cause the other clauses to be void, and these shall remain valid and effective between the Parties.

15. Applicable Law

The relationship between Neara and the User shall be governed and construed in accordance with the General Terms and the laws of the relevant country in which Neara operates and any dispute shall be submitted to the courts of Neara’s registered seat in the relevant country, unless otherwise established by the applicable law.

16. Customer Support and Alternative Dispute Resolution

In order to facilitate communication with the Mandatary if necessary, and in the event of any incidents in the processing of the order and/or in order to inform of any changes thereto, Neara makes available to Users through its Help Section in the APP an internal chat system allowing direct and immediate contact between the User and the Mandatary while the order is being carried out. If a User wishes to contact the Mandatary or Neara after the order has been completed, he/she must use the Help Section available on the APP.

Further, Neara will act as intermediary for the solution of any claims related to the order placed by the User, to the User’s account and/or to any other policies and/or services provided via the APP.

All the above is without prejudice to the Users’ right to submit their complaints and/or requests through any legal means available to consumers, including any out–of-court/alternative dispute settlement bodies that legally provide dispute settlement services.

For more enquires or support contact us through the following means.

Support@neara.ng

No 24, Romi Street, Sabon Tasha, Kaduna, Nigeria.

Support Number: +234 916772 6073